The new pesticides law and the ecological rule of law: from Bill n. 1.459/2022 to Law n. 14.785/2023

Abstract

This study aims to analyze Law No. 14,785/2023, which regulates the use of pesticides in Brazil, from the perspective of the ecological rule of law. This analysis is based on the law's passage as Bill (PL) No. 1,459/2022 and assesses its legality in accordance with the Federal Constitution and the Federal Supreme Court's (STF) jurisprudence. The central hypothesis is that, by repealing Law No. 7,802/1989, this law may represent a setback in environmental protection and public health. The adopted methodology is deductive and is based on the analysis of Bill No. 1,459/2022, which resulted in Law No. 14,785/2023, as well as on legislative documents related to its passage. These documents are examined in light of the normative structure of environmental law, incorporating interdisciplinary debates to understand the text systemically. The research also draws on official data from institutional websites, news reports, and technical expert opinions from public hearings held by the Federal Senate's Committee on Agriculture and Agrarian Reform.The results suggest that Law No. 14,785/2023 may pose risks to the environment and human health by relaxing the rules established in Law No. 7,802/1989, contrary to constitutional principles such as the right to an ecologically balanced environment. Final considerations emphasize the importance of strictly interpreting the Federal Constitution and the Ecological Rule of Law in environmental protection and public health. They also suggest monitoring Direct Action of Unconstitutionality (ADI) 7701, pending before the STF, to assess the law's possible future impacts.