Aerial Spraying of Pesticides and Normative Omission

In April 2025, the Articulation of Indigenous Peoples of Brazil (APIB) filed a Direct Action of Unconstitutionality by Omission (ADO) before the Federal Supreme Court seeking the recognition that the lack of specific federal regulation on the aerial spraying of pesticides constitutes a normative omission incompatible with the 1988 Federal Constitution. APIB argues that the absence of clear and protective rules regarding this practice violates fundamental rights, particularly those related to health, adequate food, the preservation of a balanced environment, and the safeguarding of indigenous lands and ways of life. The petition explicitly emphasizes issues linked to the climate crisis and environmental preservation, highlighting that aerial spraying intensifies ecosystem degradation, threatens biodiversity, and directly compromises the territorial and cultural integrity of indigenous communities, which provide essential environmental services for climate regulation. Brazil ranks among the top users of pesticides globally, with aerial application being one of the primary sources of soil, water, and air pollution, exacerbating socio-environmental inequalities and risks. Given this scenario, as a precautionary measure, APIB requests the immediate suspension of aerial pesticide spraying across the entire national territory. As final requests, APIB asks the Federal Supreme Court to: Declare the unconstitutionality by omission of federal administrative regulations on pesticide spraying (as established by Decree-Law No. 917 of October 7, 1969; Decree No. 86,765 of December 22, 1981; Normative Instruction MAPA No. 2 of January 3, 2008; and Ordinance GM/MAPA No. 298 of September 22, 2021) due to insufficient protection of constitutional rights. Order the Federal Executive Branch to issue administrative measures prohibiting the aerial spraying of pesticides nationwide, whether by manned or unmanned aircraft. Alternatively, as a subsidiary request, APIB demands that the Federal Executive Branch be obligated, within a maximum period of sixty days, to issue regulations establishing exclusion zones or pesticide-free areas (both aerial and ground spraying) around indigenous lands, along with the imposition of daily fines for non-compliance.