You cannot fumigate in the vicinity of rural schools. The Superior Court of Justice of Entre Ríos ruled in favor of the environmentalists.
Another historic ruling in defense of the environment and the defense of life promoted by the Coordinadora Basta es Basta. The environmental protection signed by the Environmental Forum and AGMER obtained the green light in the highest court of Justice. In this way, the annulment requested by the government in the appeal of the sentence of Chamber II of the Second Chamber of Paraná was rejected.
In an extensive ruling by the Superior Court of Justice (STJ), the highest judicial body resolved to confirm the sentence of the Second Chamber of Paraná, Chamber II, chaired by Oscar Daniel Benedetto, and in this way all types of aerial fumigation (three thousand meters) were prohibited. and land (1,000 meters) in the vicinity of rural schools.
According to the judgment signed by Daniel Carubia, Miguel Giorgio and Claudia Mizawak, the annulment requested by the provincial government in his appeal was rejected but the statement by the General Council of Education (CGE) regarding the conviction against the body to plant plant barriers "and confirm the rest of the sentence." That is, except for the imposition for the CGE to be in charge of the protection in the surroundings of the institutions, the prohibition of the fumigation of the schools remained firm.
The decision of the highest judicial body of the province was taken this Monday, October 29, in the Chamber of Constitutional and Criminal Procedures, in the proceedings entitled "Ecological Forum of Paraná and Another c / Superior Government of the Province of Entre Ríos y otros s / Amparo action". The substantiated vote was that of Miguel Giorgio.
The questions raised to resolve in the sentence were two: if there is nullity and what can be resolved. Regarding the first point to unravel, the judge considered that “in an ex officio examination of the proceedings and in accordance with the central proposal that the parties have formulated, the presence of vices of sufficient importance and significance to justify a nullifying sanction in this stage of the process, without losing sight of all this that the existence of any grounds that generates that procedural consequence has not been invoked either. The two vowels Mizawak and Carubia joined the pronouncement.
On the second question to be resolved, Giorgio recalled Benedetto's ruling in the Second Chamber of Paraná. In that instance, in addition to the ratified limitations, the provincial State was exhorted to, through its departments, “carry out in an exhaustive and sustained manner over time, the studies that allow the delineation of objective guidelines regarding the rational use of chemicals and agrochemicals, putting the accent precisely on the prevention of damage; and to carry out a correct evaluation that allows determining the current state of contamination, as an essential step to identify the measures to be adopted, their suitability and the spaces to be improved ”.
“To condemn the provincial State and the General Education Council (CGE) to proceed to implant plant barriers at a distance of one hundred and fifty meters (150 meters) from all schools within two (2) years from now on. rural areas of the Province, with the specifications detailed in the recitals. Immediately suspend the applications of phytosanitary products in the planted areas adjacent to rural schools, during class hours, and the applications must be carried out in off-shift hours and / or weekends, in order to ensure the absence of students and staff teaching and non-teaching in the establishments during the fumigations ”.
Giorgio added that "an appeal was filed against that ruling" because the "sentence did not respect the principle of consistency." In the same appeal, reference was made to "the Pesticides Law No. 6599" and it was stated that "it is the Ministry of Production and not its representative who is entitled to carry out the measures ordered." He also referred to "the existence of sufficient evidence that proves that his client is carrying out teacher training programs on this issue, as well as the dissemination of the Action Protocol against Spraying."
The Deputy Prosecutor of the State Prosecutor's Office of the province, Sebastián M. Trinadori, added arguments to that appeal. He said that "the amount of hectares that are unproductive considering that according to the report of the General Council of Education, there are 832 primary schools and 137 secondary schools that are in rural areas." It was also recognized "the importance of adopting measures aimed at caring for the health of the population, but understanding that the remedy is not adequate due to the technical and legal complexity of the case," among other arguments of the Deputy State Prosecutor.
- Photo by Analysis.