Agrotóxicos e propriedade privada rural: quadro analítico para verificação técnica da relação de toxicidade e licitude como ferramenta jurídica de proteção ambiental

Abstract

The current study based on Enrique Leff's theory of sustainability, notably Environmental Rationality, the legal relationship between the socio-environmental function of private rural property (art. 186, CF/88) and the use of agrotoxics, as the object of the study is analyzed. The general objective is to propose a cognitive-legal instrument to operationalize the examination of the licit use of agrotoxics that fulfills the social function and as specific objectives to identify the feasibility of the technical examination of the illicit agrochemicals use. It is based on the scientific toxicity agrotoxics evaluation made by the National Health Surveillance Agency, which generates the monograph of the pesticide and to verify based on secondary data, regarding contamination/intoxication from pesticides in Brazil and on current legislation. This possibility of non-compliance with social function with the use of pesticides with legal sanctions for the owner/user. Considering that Brazil is the world's largest consumer of pesticides and due to their toxicity to the environment and human beings, the problem, the noncompliance with social function and the relevance to society are derived from the proposal as a legal innovation of an instrument to establish the relationship between social function and pesticide, lawfulness and toxicity. This purpose of enabling the application of punitive and pedagogical measures, especially expropriation-sanction for social purposes and agrarian reform provided for in article 184, CF/88, that is, a new hypothesis of expropriation-sanction for the noncompliance with the social function is proposed. Thus, the hypothesis is that the use of pesticides in disagreement with the monograph of the pesticide; it makes social and economic sustainability impossible by not allowing rational production, contaminating the environment, plant and animal life, air, soil, water, and intoxicating rural workers and residually consumers and neighboring rural communities. Thus, implying noncompliance with the social and environmental function rural private property in its four dimensions: socioeconomic, environmental, labor and welfare. For this reason allows the application of expropriation-sanction for social purposes or other legal sanction against the owner. It is assumed that pesticide have toxins that cause noncompliance with the socioenvironmental function in the case of illicit use, as established in this work. This is a descriptive and qualitative study supported by a literature review and the construction of a theoretical reference in public documents, books and articles published on the Scielo platform. It is among others with temporal delimitation in the 1988 Federal Constitution, in order to identify the state of the art and based on it to propose solutions that can be discussed on the subject involving the legality and toxicity of agrotoxics.