Court suspends ban on 2,4-D use in Rio Grande do Sul

The Court of Justice of Rio Grande do Sul (TJRS) suspended the effects of a decision that prohibited the use of 2,4-D-based herbicides in the Campanha Gaúcha region. The measure had been determined by a first instance court in a public civil action filed by the Association of Fine Wine Producers of Campanha Gaúcha and the Gaucho Association of Apple Producers. The entities report losses to their members due to product drift.

The decision suspending the effects of the sentence was issued by Judge Francesco Conti of the 4th Civil Chamber. It is expected to remain in effect until a new appeal is heard.

The state of Rio Grande do Sul, a defendant in the lawsuit, argued that the ban, announced shortly before the start of the 2025/26 harvest, would cause economic and administrative losses. According to its appeal, many producers have already purchased inputs and pesticides, including herbicides containing 2,4-D.

In granting the request, the judge pointed to the risk of significant disruption to the agricultural economy if the ban were maintained without a transition period. He stated, verbatim:

On the other hand, the determination to immediately suspend the use and application throughout the Campanha region is potentially harmful, given the lack of an effective solution that reconciles the production of grains (such as soybeans, rice, corn, etc.) and crops affected by the use of 2,4-D, especially close to the beginning of soil preparation for the next harvest.

He also pointed out the lack of clear definition of which municipalities are part of the Campanha Gaúcha, which would create legal uncertainty.

The judge found that the initial court ruling disregarded the complexity of the agricultural sector and the immediate impacts of the ban. The case will continue to be reviewed by the 4th Civil Chamber.