Visit to Brazil, Report of the Special Rapporteur on the implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes
environmental protections, efforts in Brazil are being undermined. Recent videos of Ministers
plotting to use the coronavirus crisis to weaken protections validate concerns.
8.
Brazil appears increasingly exploited by global supply chains capitalizing on weaker
standards, oversight and enforcement. For example, Brazil’s startling commitment to feed
one third of the world by 20303 stands to dramatically increase agrochemical use in ways that
would be unacceptable in many export markets such as Europe, while also increasing
deforestation, climate change and conflict with indigenous and local communities. 4
9.
In this context, this report focuses on the current impacts of Brazil’s development
model on the health, wellbeing and human rights in the context of exposure of people and
peoples to toxics. It emphasizes the duty to prevent exposure and analyses the current
approach to protect human rights including of the most vulnerable, from toxic exposures in
dominant industries, including agriculture and extractives.
III. Duties and responsibilities to protect life and prevent
exposure
10.
Brazil has a duty to protect human rights to life, dignity, health, bodily integrity, clean
water, nutritious food, adequate housing and safe and healthy working conditions. Read
together, everyone in Brazil has the right to a healthy environment. From this flows Brazil’s
obligation to prevent exposure to hazardous substances, including toxic chemicals,
pesticides,5 viruses, wastes and other contaminants of people and their environment. 6 These
human rights obligations correspond to specific responsibilities on businesses in Brazil.
11.
Courts in Brazil have recognized these rights and the State’s duty to prevent exposure.
One welcome example concerns asbestos. Studies have identified hot-spots of cancer linked
to asbestos, such as Osasco municipality in São Paulo.7 Accordingly, the Brazilian Supreme
Court banned asbestos mining pursuant to the constitutional rights to life, health, and a
balanced environment.8
12.
Another positive example comes from efforts to tackle urban air pollution. In 2017,
60% of people in Brazil were living in areas above the WHO Air Quality Guideline for
particulate matter (PM), and Brazil was among the top 10 countries with the highest mortality
burden from air pollution, accounting for 66,000 deaths.9 Brazil has taken measures to reduce
urban emissions overall, including implementing more stringent standards for vehicles. In
2012, Brazil was the first developing country to adopt Euro V-equivalent standards, further
strengthened in 2018 to meet Euro VI standards.10 Great strides made in reducing indoor air
pollution include concerted efforts to reduce firewood consumption in the residential sector
from the 1970s to date, from 85% to 25%.11
3
4
5
6
7
8
9
10
11
Brazil Government (2016 – 2025)
http://www.mds.gov.br/webarquivos/arquivo/seguranca_alimentar/caisan/Publicacao/Caisan_Naciona
l/decada_versao_ingles.pdf.
Fernando Ferreira Carneiro et al (2015) p 52
https://www.arca.fiocruz.br/bitstream/icict/26221/2/Livro%20EPSJV%20013036.pdf.
The term pesticide includes herbicides, fungicides, biocides and other chemical agents designed to
kill living organisms.
A/74/480.
Gisele Aparecida Fernandes et al (2019) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6679146/.
Brazilian Association of the Asbestos Exposed (ABREA) (2019) .
Health Effects Institute (2019) ISSN 2578-6873
https://www.stateofglobalair.org/sites/default/files/soga_2019_report.pdf.
International Council on Clean Transportation (March 2016)
https://theicct.org/sites/default/files/publications/Brazil%20P7%20Briefing%20Paper%20Final_revised.pdf; International Council on Clean Transportation
(February 2019)
https://theicct.org/sites/default/files/publications/P8_emissions_Brazil_update_20190227.pdf.
Adriana Gioda et al (Aug 05, 2019) https://doi.org/10.1590/1413-81232018248.23492017.
3
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