A competência municipal para legislar acerca da restrição do uso do herbicida 2,4-D: um estudo de caso sobre a viticultura no município de Mariópolis - PR

Abstract

The use of herbicides such as 2,4-D in grain crops can cause contamination of nearby fruit due to losses of this product by drift. In the municipality of Mariópolis - PR, an important region for the production of grapes, the use of this herbicide has been legally under discussion, insofar as there was evidence of its potential for damage to fruit plantations, especially during the flowering period. This is a case study delimited in the legal field, based on the premises of regional development. In this sense, it was sought to analyze, legally, the theme from the analysis of the repeal of Law No. 26/2016, of 04/28/2016, which provided for the prohibition of 2,4-D in the municipality and the subsequent approval of the Law nº 21/2017, of 05/24/2017 that restricted the use of the pesticide. From an interdisciplinary perspective, going through the bases of endogenous development and sustainability, the objective of the present study was to analyze the regulations that deal with the matter of restriction and prohibition of 2,4-D. In addition to discussing municipal competence to legislate on the environmental issue, investigations were carried out on the development characteristics of grape cultivation and on the legal implications of the use of the herbicide near the vineyards. For that, we used the qualitative methodology, with bibliographic investigation, collection of statistical data on the production of the grape and the use of the herbicide 2,4-D, mapping of the territories, discussion on the legislation about the restriction of the use of the herbicide 2,4-D and finally, narrative data were collected from twenty wine growers interviewed in the municipality of Mariópolis with the aim of identifying, from selected sections of the interviews, the main characteristics of grape production, the method of work, as well as the their perception in relation to the use of 2,4-D, in view of the Municipal Law that restricts the use of this herbicide seeking to identify the positive perspectives and possible problems that involve the applicability of a law. The results point to the importance of viticulture for the local and sustainable development of the municipality of Mariópolis, covering spheres that supass the economic segment, with the involvement of viticulturists, cooperatives, associations, and public agents. It remains evident that grape production in the municipality faces problems directly linked to the use of the herbicide 2,4-D in grain crops and when investigating the matter in the jurisprudence of the Supreme Federal Court, as a rule, the municipalities are competent to legislate on the restriction of pesticides, however the prohibition presents divergent understandings, what has a consolidated position is the delimitation within the municipal territory, and this has generated another panorama, the case of border municipalities having no restriction on the use of the herbicide, which goes beyond the municipal sphere, and it would depend on legislation at the state or federal level. Municipal Law No. 21/2017 has its positive effects, as it brings with it the protection of an agricultural activity that adds value to the endogenous development of the municipality, but does not guarantee that all obstacles relevant to viticulture and its negative relationship with pesticides are resolved.