AT THE FOOT PAGE ENGLISH VERSION
(una noticia de N.Maciel en El Argentino)
El juez de Instrucción N° 1, Eduardo García Jurado, de la ciudad de Gualeguaychú, resolvió de manera ejemplar en materia de precaución ambiental contra las fumigaciones con agroquímicos.
Judge of Instruction No. 1, Eduardo García Jurado, decided on a model in terms of environmental precaution against the spraying of chemicals.
The ruling was issued on December 7 under case No. 64,342 and its accumulated 65.690/66.615, images: «Kneeteman, Rubén Cayetano his complaint» following fumigation with pesticides is performed on a farm in Larroque. The complaint was made by the teacher Rubén Cayetano Kneeteman by spraying a field adjoining his home in Larroque, «not within the limits imposed by law and municipal ordinances.» The complaint said that «there was an express manifestation of effects on health of his family (consisting of his wife and four children, 14, 10, 6 and 3 years. But this is a persistent compound and so the Justice Despite not finding a particular harm, dismissed the case of partial closing is not the case at all. The expert results ordered by the examining magistrate were made by the Forensic Chemistry and Toxicology Division of Criminal Investigation Police Directorate of Entre Rios, who detected «in the land and plant samples the presence of insecticide Endosulfan. The judge reasoned that while not able to establish an offense,» the harmful consequences, especially in terms of environmental pollution, often slow to be detected. And that is why we reaffirm that the partial file in the future can emerge reopened symptoms, diseases demonstration of causality and outcome. «García Jurado is taken from the case law of the case» Fornari, Osvaldo Rafael «and claims that» advances applied science and technology to agricultural production have yielded positive results, however, also cause environmental problems affecting the health and biodiversity. «While not credited in the event that brings us together, the consequences on the health of human beings and the whole chain that makes up our earthly habitat may be at risk if production with intensive use of agrochemicals, it has a constant and ongoing control. We live in a risk society, but it can not enable any activity causing a greater evil, I repeat, on the health of human beings, «the judge said.» The greatest dangers to man today, are not from the world of nature, on which there have been some control and predictability, are those arising from man in an effort to more profit. The science of economics has been extremely important to risk measurement concept and estimating costs and benefits in light of the risks to assume, however, imposed the authoritarian logic of the company and inegalitarian logic of the market «said the judge citing Ferrajoli Luigi in his book» Corruption and Rule of Law «(Editorial Trotta, Madrid, 1996).. So the fault is exemplary because it gives precedence to the environmental precautionary approach, also adhering to the concept» threshold of catastrophe, to the greed that drives the decisions. «» We can not, in a democratic society, accept the authoritarian logic of the company and inegalitarian logic of the market, «said Garcia Jurado. In dialogue with Argentina, the complainant Rubén Kneeteman Cayetano welcomed the measure, because the partial file implies that the Justice leaves the door open for the emergence of future damages and in no way the case is closed. «The decision of Justice I was pleasantly surprised, although already familiarly had experienced were not alone. For example, the fact that the judge has ordered the skills somehow conveyed that we were not afforded protection against the spraying of pesticides, «said Kneeteman.» And we understand that this message is a limit The impunity with which people often spraying fields were handled, «he said.