From contamination to banning: the legality of asbestos mining in comparison with fundamental rights

Abstract

Beyond the theoretical formations concerning Environmental Constitutional Law, the issue that this work emphasizes is the importance of also analyzing the argumentative structure and the configuration of institutions, under the influence of the Fundamental Rights Theory. Thus, it is intended, based on the analysis of the case of the asbestos ban, to critically analyze the whole normative structure as well as the elements that motivated the Federal Supreme Court (STF) to dismiss the Direct Action for Constitutionality No. 4066. The discussion is then necessary to understand why there are limits on the use of this mineral, besides verifying that the absence of public policies contributes to the invisibility of asbestos-related problems in Brazil. Nowadays, the victims of asbestos do not have their illnesses recognized, and their rights are denied in various instances. It’s conclude that the fight to end the use of this fiber and to reduce the diseases caused by it is a political movement, as well as a legal one, since it is faced with the need to guarantee and enforce fundamental rights.