Do pacote do veneno à agroecologia: uma análise crítica do projeto de lei 1.459/2022 à luz do princípio da função social da terra

Abstract

This research analyzes the Draft Bill nº 1.459 of 2022, which aims to repeal Federal Law n.º 7.802 of 1989 (widely known as the Pesticide Law). The proposed changes were studied in order to verify if they violate the principle of the social function of the land, established in the Federal Constitution of 1988 and in the Federal Bill nº 4.504 of 1965, the Land Statute. To do so, the changes proposed in the Draft Bill (also known as Poison Bill) were analyzed and studied in order to testify how the cunning nature of Brazilian agricultural business is linked to them, so much that while the changes legitimize it, they also violate rights. In order to achieve this, the dialectical method was employed, as well as a bibliographical analysis, as well as the study of the Draft Bill itself, data originating from studies carried out by Abrasco and the Permanent Campaign Against Pesticides and For Life, amongst other documents which inform on the current brazilian situation on the use and regulation of pesticides. These tools proved to be essential in order to critically analyze the legal texts, as well as to highlight their socio-environmental consequences, as well as to point out the big farmer's interests in the flexibilization of the laws that regulate the use of pesticides in Brazil. Furthermore, an study on agroecology was also realized, as well as its’ role as new production model that respects the principle of the social function of the, as well as human rights, through the Draft Bill nº 6.229 of 2002, that proposes the creation of PNARA - National Pesticide Reduction Policy, which implements an agroecological approach in the brazilian agriculture system. As a result, it was found that the various changes proposed by the Draft Bill nº 1.459 of 2022 represent a direct violation of the social function of the land, the principle this study is focused on, as the legislative changes provoke the flexibilization of the regulatory system that manages the aspects surrounding the use of pesticides in Brazil.