INFLUENCE OF THE AGRICULTURAL BUSINESS SECTOR IN BRAZIL ON THE LEGISLATIVE POWER

THE CONTEXT OF LAW NO. 14,785/2023 AND THE IMPACTS ON HUMAN RIGHTS

Autores

  • Rafael de Lima Kurschner Pontifical Catholic University of Paraná (PUCPR)
  • Lya Hadassa Sobral Viana Pontifical Catholic University of Paraná (PUCPR)

Palavras-chave:

PESTICIDES, HUMAN RIGHTS, AGRIBUSINESS, STATE CAPTURE, BUSINESS AND HUMAN RIGHTS

Resumo

This research analyzes the influence of the agricultural business sector on the Brazilian Legislative Power, focusing on the enactment of Law No. 14,785/2023. In this sense, it aims to understand the historical relationship between the sector and the Legislature, in order to carry out a comparative analysis of the new law with international regulations in light of human rights, as well as to investigate the contemporary political activity of agribusiness. This legislation, known as the new legal framework for pesticides, represents a significant advancement of the agribusiness agenda in the country by relaxing control and registration standards for these products. The research is justified by the growing interference of corporate interests in the formulation of public policies, especially in environmental and health areas, as well as by Brazil's central role in the global pesticide market, including the commercialization of substances banned in other jurisdictions, such as the European Union (EU). In 2024, approximately 49.8% of the products registered in Brazil contained at least one active ingredient not authorized in the EU, highlighting risks to public health and the environment. The hypothesis is that the new law constitutes a normative and environmental setback, made possible by mechanisms of corporate capture of the legislative process. This process undermines human rights by weakening the role of national regulatory bodies, such as the National Health Surveillance Agency (Anvisa) and the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama), by allowing indefinite (ad aeternum) registration of products without periodic reassessment, and by permitting the use of highly toxic active ingredients already banned internationally. In this context, the State's duty to protect against human rights violations by third parties, including companies, is emphasized. This includes regulating and monitoring the use of pesticides, ensuring safety standards for health and the environment; conducting risk assessments focused especially on vulnerable populations such as rural communities, Indigenous peoples, and agricultural workers; and guaranteeing access to information about the products used and their health effects. The research is conducted through a descriptive-analytical methodology, based on bibliographic and documentary review. It seeks to understand the impacts of the current regulatory framework on human rights, in contrast with economic development and socio-environmental protection.

Biografia do Autor

Rafael de Lima Kurschner, Pontifical Catholic University of Paraná (PUCPR)

Master's student in the Graduate Program in Law at the Pontifical Catholic University of Paraná (PUCPR). Bachelor of Laws from the State University of Western Paraná (UNIOESTE). Member of the Research Group on Business and Human Rights (PUCPR). Member of the PSICOLABOR Research Group – Psychoanalysis, Dialectics, and Social Rights (University of São Paulo – USP).

Lya Hadassa Sobral Viana, Pontifical Catholic University of Paraná (PUCPR)

Master's student in the Graduate Program in Law at the Pontifical Catholic University of Paraná (PUCPR).  Member of the Research Group on Business and Human Rights (PUCPR). 

Publicado

06.10.2025

Edição

Seção

Simpósio On135 - EMPRESAS E DIREITOS HUMANOS: IMPACTOS E RESPONSABILIDADES