Case Name: ADO 92 (Aerial Spraying of Pesticides and Regulatory Omission)

Summary

This is a Direct Action of Unconstitutionality by Omission (ADO) filed by the Articulation of Indigenous Peoples of Brazil (APIB), seeking recognition of the lack of specific federal regulation on the aerial spraying of pesticides as a normative omission incompatible with the 1988 Federal Constitution. APIB argues that the absence of clear and protective rules regarding this practice violates fundamental rights, especially those related to health, adequate food, the preservation of a balanced environment, and the safeguarding of the lands and ways of life of indigenous peoples. The lawsuit explicitly emphasizes aspects related to the climate crisis and environmental preservation, highlighting that aerial spraying intensifies the degradation of ecosystems, threatens biological diversity, and directly compromises the territorial and cultural integrity of indigenous communities, which provide essential environmental services for climate regulation. It is noteworthy that the country occupies a prominent position in the use of pesticides, with aerial application being one of the main sources of soil, water, and air pollution, deepening inequalities and socio-environmental risks. Given this scenario, as a precautionary measure, APIB requests the immediate suspension of aerial spraying of pesticides throughout the national territory. As final requests, it is requested that the Supreme Federal Court declare the unconstitutionality by omission of the federal administrative regulations on pesticide spraying (embodied in Decree-Law 917 of October 7, 1969; Decree 86,765 of December 22, 1981; MAPA Normative Instruction No. 2 of January 3, 2008; and GM/MAPA Ordinance No. 298 of September 22, 2021), due to insufficient protection of constitutional rights, and that it order the Federal Executive Branch to issue administrative measures prohibiting the aerial spraying of pesticides throughout the national territory, by manned and unmanned aircraft. Alternatively, it requests that the Federal Executive Branch be required to issue regulations within a maximum period of sixty days, establishing exclusion zones or areas free from ground and aerial spraying of pesticides around indigenous lands, and setting a daily fine for non-compliance.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• Article 231 of the Federal Constitution (CRFB/88)
• Article 5th of the Federal Constitution (CRFB/88)
• Federal Constitution (CRFB/88)
• ILO Convention 169 (Federal Decrees 5.051/2004 and 10.088/2019)
• National Policy for Environmental and Territorial Management of Indigenous Lands - PNGATI (Federal Decree 7.747/2012)
• Paris Agreement (Federal Decree 9.073/2017)

Case timeline

Case documents