STF prohibits use of asbestos throughout the country

The material is used in the manufacture of tiles and water tanks. Studies show that the substance is carcinogenic and cause damage to the environment.
29/11/2017 16h36 - Updated 29/11/2017 16h36
Photo: reproduction

André Richter – Agency Brazil

O Supreme Federal Court (STF) decided today (29) prohibit the use of asbestos chrysotile type, material used in the manufacture of tiles and water tanks. The decision of the ministers was made to solve problems that arose after the Court's decision that declared unconstitutional an article of the Federal Law 9.055/1995, allowing the controlled use of the material.

With the decision, taken by 7 votes to 2, may not occur extraction, industrialization and commercialization of the product in any state in the country. During the trial has not been discussed and a decision will be fulfilled by mining, despite the request made by one of the case's lawyers, who requested the concession period to effect the dismissal of workers in the sector and suspending marketing.

In August, to begin to hear the case, five ministers voted for the overthrow of the national law, however, it would take six votes for the standard were considered unconstitutional. In this way, the outcome of the trial caused a legal vacuum and the use of asbestos would be banned in states where the substance has already been vetoed, as in São Paulo, Rio de Janeiro and Rio Grande do Sul, but permitted where there is no specific law on the case, as in Goiás, for example, where it is located one of the main asbestos mines, in Minaçu.

The actions decided by the Court were proposed by the National Confederation of Industry Workers (CNTI) ten years ago the Supreme and ask for the maintenance of the use of the material. The Confederation maintains that the city of São Paulo could not legislate to ban asbestos because it is a matter of exclusive competence of the Union. According to the defense of the entity, workers have no contact with asbestos dust.

According to the Ministry of Labor (MPT) and others who defend the ban on asbestos, despite the benefits of the substance to the national economy - creating jobs, export, cheapness of construction materials -, studies show that the substance is carcinogenic and cause damage to the environment.

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