THE PROHIBITION PRINCIPLE OF SOCIO-ENVIRONMENTAL RETROGRESSION ANALYSIS OF THE FLEXIBILITY OF LEGISLATION ON THE USE OF PESTICIDES

Abstract

This article presents the Principle of Prohibition of Retrogression with emphasis on the loosening of legislation on the use of pesticides. The objective is to analyze the reflexes of the Principle of Prohibition of Socio-environmental Retrogression to fundamental rights. Special emphasis was placed on the intangibility of Human Rights, the concept of the principle of non-regression and the Socio-Environmental Rule of Law. The article also aims to understand the consequences of the use of pesticides in Brazil and their effects on fundamental rights (right to food, health, ecologically balanced environment, among others). This study identifies how the loosening of legislations on the use of pesticides violates the Principle of Prohibition of Retrogression. Thus, the hypothesis is that the State’s involvement and its actions are fundamental to guarantee, protect and preserve fundamental and environmental rights. The method to be used is the hypothetical-deductive, with the realization of a bibliographical research. Finally, it is concluded that environmental protection cannot have setbacks, being a limiter of state power.