Banca de QUALIFICAÇÃO: BEATRIZ CARVALHO DE SOUZA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : BEATRIZ CARVALHO DE SOUZA
DATE: 19/05/2023
TIME: 15:00
LOCAL: https://conferenciaweb.rnp.br/conference/rooms/vitor-9/invite
TITLE:

Responsibility for damages arising from pesticide contamination: limits of Brazilian law in mitigating this socio-environmental impact

PAGES: 39
BIG AREA: Outra
AREA: Ciências Ambientais
SUMMARY:

The discussion about the use of pesticides in Brazil has been gaining prominence since the country was appointed as the largest consumer of these products in the world, in 2008, and continues with a policy of encouraging this form of agricultural production, which generates a lot of debate in the academic world, society, and government. The risks of the intensive use of these substances for the environment and human health have been discussed since 1962, however there is great difficulty in identifying the causal link between event and damage, in other words, proving that a certain product, during a certain occasion, caused that damage. Hence, the interest in investigating how this topic is treated in the Brazilian justice system emerged. The present work aims to analyze the difficulty of proving this causal link in liability actions for pesticide contamination. For that, the research was carried out on two fronts: the first, through jurisprudential research in the states of Mato Grosso, São Paulo, Pernambuco and Paraná, and the second, through interviews with judicial experts and other actors that work directly in the investigation. In jurisprudence, the judiciary is triggered mainly for damage to human health and crops, there are few actions about environmental contamination as a collective good and, in approximately half of the decisions, the causal link was not configured, the main obstacles being the rejection of the relationship between pesticides and diseases and the fact that the product drifts to places other than the application site. In the labor area, there is little use of Personal Protective Equipment (PPE), and it concentrates the cases of death. During the interviews, they report the complexity of these products, which are only identified in very specific temporal, spatial and quantity conditions. The combination of these analyzes allows an overview of the issue in Brazil and makes it possible to point out solutions so that Brazilian law becomes more effective in its performance. As it is a theme strongly permeated by economic issues and political choices, studies on contamination by pesticides are of vital importance so that decision-making, in justice systems and beyond, is conscious and reasoned.

COMMITTEE MEMBERS:
Presidente - Interno ao Programa - 2548506 - VITOR VIEIRA VASCONCELOS
Membro Titular - Examinador(a) Interno ao Programa - 1814655 - LUCIA HELENA GOMES COELHO
Membro Titular - Examinador(a) Externo à Instituição - JOSÉ CARLOS DE OLIVEIRA - UNESP
Membro Suplente - Examinador(a) Interno ao Programa - 1671275 - DERVAL DOS SANTOS ROSA
Membro Suplente - Examinador(a) Externo ao Programa - 2231193 - GUADALUPE MARIA JUNGERS ABIB DE ALMEIDA