Brazilian Supreme Court and the Asbestos Issue: Fundamental Rights, Environment, Health, and Work

Abstract

The article analyzes the trajectory of the ban on the use of asbestos in the production of goods in Brazil as a materialization of the fundamental right to a healthy working environment, through the main decisions of the Federal Supreme Court in constitutionality control and which were decisive in shaping national policy. The disputes were judged on issues involving the federal pact, concurrent legislative competence, and fundamental rights. Asbestos is a natural fiber with resistance and insulation properties that was widely used in construction and in various products due to its low cost. However, studies have shown that exposure to asbestos is linked to serious diseases such as asbestosis and cancer, which has led to a ban on its use in many countries. In Brazil, regulation has been slow, facing regional resistance. In 2017, the Supreme Court (STF) ruled on the constitutionality of state laws banning asbestos, emphasizing that public health must take precedence over economic interests. The decision set an important precedent for environmental protection and public health, reinforcing the need for policies that prioritize the safety of the population. The Supreme Court's case law reflects the complexity of discussions involving economic development, health and the environment and highlights the importance of sustainable alternatives. The debate on constitutionality is still ongoing, and the search for a balance between development and health protection remains fundamental.