A Brazilian court has overturned a lower court’s suspension of 63 registrations for crop protection materials in the country. The list included a range of insecticides, herbicides and fungicides that had moved through the country’s approval process.
The original judge ruled that the materials should not be marketed in Brazil because their “high toxicity rate is incompatible with the principles of governing economic activity, as they override the protection of the environment and are contrary to the basic principle of economic order.” The judge said that included “defending the environment and safeguarding the right to health and food.”
The Brazilian government filed an appeal seeking to remove the suspension so that “the merits of the matter will be considered,” according to report on the AgroPages website.
In reaching the decision, the judge considered the absence of evidence that proved any irregularity by the government in approving the chemicals for farm use.
In his ruling, Federal Judge Francisco Roberto Machado noted that the pesticide registration was the result of studies by government agencies and entities charged with that duty.
“From this perspective, I realize that in order to realize this fundamental right, it is essential to create an environment that allows for dialogue between those involved, so that they can explain their reasons for the construction of the best legal solution for the species,” he said.
The Federal Attorney General argued that the process of registration of pesticides in Brazil is extremely thorough, has technical rigor and is permanently subject to reevaluations. Another argument is that new products are less toxic than those already on the market.
The appeal also noted that there is no record that the use of pesticides has increased due to the granting of new registrations, as the use of products is related to the occurrence of field pests and not to the availability of registered products. According to AGU, most of the new registered products are not new pesticides but generic products, leading to an increase in the brand and product names for the same substance.
The Ministry of Agriculture Legal Adviser, Maximiliano Ferreira Tamer. “It is not for the judiciary, in preliminary ruling, to decide on such complex issues, the powers of which are attributed to various technical bodies of the public administration,” he said.