ADPF questions municipal law that prohibits aerial spraying

The National Union of Agricultural Aviation Companies (Sindag) filed with the Federal Supreme Court (STF) an Allegation of Non-compliance with Fundamental Precepts (ADPF 529), with a request for an injunction, to question Law 1.649/2017, of the Municipality of Boa Esperança, Espírito Santo, which prohibits the aerial spraying of agrochemicals in the locality. According to the entity, the law invades the Union's competence to regulate the matter.

Sindag recalls that agricultural aviation is regulated by Decree-Law 917/1969 and Decree 86.765/1981, which regulate the activity, authorizing its operation within certain conditions. The rules provide that the Ministry of Agriculture is responsible for proposing the policy for the use of agricultural aviation, supervising and inspecting its activities. “Exercising its power, the Union has already issued rules that deal with environmental protection and agricultural aviation activity”, he maintains.

In addition to contradicting federal regulations on the subject, the union claims that the municipal law contradicts the constitutional principles of human dignity, the social value of work and free initiative, in addition to offending the constitutional right to work and the general principles of economic activity.

According to the entity, the law violates the principles of reasonableness and legal security, since the use of agrochemical pesticides is carried out in accordance with the guidelines and requirements of federal bodies responsible for the health, environment and agriculture sectors. The action's rapporteur is minister Gilmar Mendes.

ADPF 529 here