Post by messi05 on Jan 24, 2024 4:01:57 GMT -5
The Federal Supreme Court once again suspended the judgment of four lawsuits against state laws that prohibit the production, trade and use of products containing asbestos. Minister Dias Toffoli presented, this Thursday (10/8), a seen vote declaring constitutional norms of Pernambuco, Rio Grande do Sul, São Paulo and the capital of São Paulo on the subject. The trial had been suspended since November 2016, after Minister Edson Fachin also voted to ban the sale of the mineral — considered carcinogenic by the International Labor Organization. Asbestos is a product used in civil construction because it is non-flammable, has greater mechanical resistance than steel and is highly durable.
Most of the chrysotile variety is used today in Brazil in the Buy Phone Number List fiber cement industry, to manufacture tiles. As the material is expressly permitted by Federal Law 9,055/1995 , the National Confederation of Industrial Workers alleges that the state regulations invaded the exclusive competence of the Union by imposing greater restrictions than those provided for in federal legislation. Toffoli declared that states do not have legislative competence to prohibit activities expressly admitted in general law. But he assessed that article 2 of the 1995 law has undergone a “process of unconstitutionalization” in recent times, based on “scientific consensus”.
“If, before, there was news about the possible risks to health and the environment caused by the use of chrysotile, at that time there was talk about the possibility of controlled use of this substance, today, what is observed is a consensus around the nature highly carcinogenic nature of the mineral and the unfeasibility of its use in an effectively safe way, this being the official understanding of national and international bodies that have authority on the subject of health in general and worker health ”, he declared. “The country did not have a qualified product to replace chrysotile asbestos when the law was enacted. However, today alternative materials already exist”, wrote Toffoli in his vote. Score So far, this is the partial result of the trial: Minister Fachin, rapporteur of ADPF 109, and Minister Toffoli voted to dismiss the four actions.
Most of the chrysotile variety is used today in Brazil in the Buy Phone Number List fiber cement industry, to manufacture tiles. As the material is expressly permitted by Federal Law 9,055/1995 , the National Confederation of Industrial Workers alleges that the state regulations invaded the exclusive competence of the Union by imposing greater restrictions than those provided for in federal legislation. Toffoli declared that states do not have legislative competence to prohibit activities expressly admitted in general law. But he assessed that article 2 of the 1995 law has undergone a “process of unconstitutionalization” in recent times, based on “scientific consensus”.
“If, before, there was news about the possible risks to health and the environment caused by the use of chrysotile, at that time there was talk about the possibility of controlled use of this substance, today, what is observed is a consensus around the nature highly carcinogenic nature of the mineral and the unfeasibility of its use in an effectively safe way, this being the official understanding of national and international bodies that have authority on the subject of health in general and worker health ”, he declared. “The country did not have a qualified product to replace chrysotile asbestos when the law was enacted. However, today alternative materials already exist”, wrote Toffoli in his vote. Score So far, this is the partial result of the trial: Minister Fachin, rapporteur of ADPF 109, and Minister Toffoli voted to dismiss the four actions.