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Justice gives ultimatum on reassessment of neonicotinoids and Fipronil

The Brazilian court set a deadline for the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama) to complete the toxicity reassessment processes of the active ingredients Thiamethoxam, Clothianidin and Fipronil. According to a decision by Judge Clarides Rahmeier, of the 9th Federal Court, Thiamethoxam and Clothianidin must be re-evaluated in six months, while Fipronil must have a decision in twelve months.

The Federal Prosecutor's Office (MPF) filed the suit alleging the delay in Ibama's administrative process in completing the analysis of the active ingredients. According to the prosecution, there are indications that the substances cause harmful effects to bees, leading to the massive death of these pollinating insects.

Check agrolinkfito for products that contain these active ingredients.When analyzing the case, Judge Clarides Rahmeier justified the deadline for the conclusion by claiming that the reassessment procedure of the ingredients Thiamethoxam and Clothianidin started in 2014 and Fipronil has not even started yet.

The magistrate understood that this procedure is of “extreme complexity, involving the manifestation of various bodies and the carrying out of diligences, which lead to the granting not only of legal deadlines for such manifestations, but also reasonable and consistent deadlines for the completion of the diligences”. 

Even recognizing “the technical, physical, functional or material difficulties encountered by the defendant agency, it must be considered that such circumstances cannot be raised to justify the violation of a fundamental commandment, especially in view of the incidence in the case of the principle of reasonable duration of the process, including administrative procedures.

According to her, “the excessive delay in the impetus of the administrative process causes evident damages and insecurity for the protection of the ecologically balanced environment, in addition to violating several principles applicable to the Public Administration, in particular the principle of the reasonable duration of the administrative process”.

The judge also determined that Ibama must present, within 30 days, a procedure schedule to meet the established deadlines. This decision can be appealed at the Federal Regional Court of the 4th Region.

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