Workers’ rights in the context of the ‘UNsafe and Uncontrolled’ use of asbestos in Brazil

ABSTRACT

This article critically analyzes the legal, political, and social trajectory of asbestos use in Brazil, emphasizing the implications for workers’ health and the environment. Despite the global recommendations for a total ban by the World Health Organization and the International Labour Organization, Brazil upheld for decades the thesis of ‘controlled and safe use’ of asbestos. The paper explores the state laws banning asbestos, key judicial decisions, particularly those by the Supreme Federal Court in 2017, and subsequent normative developments up to 2025. It also highlights ongoing resistance, including the controversial laws from Goiás state allowing continued extraction for exports until 2029. Based on a qualitative and documentary methodology, the article underscores the decisive role of social mobilization, judicial activism, and civil society organizations such as the Brazilian Association of Exposed People to Asbestos in pushing for the asbestos ban. Furthermore, it discusses enduring challenges such as access to social security and compensation, insufficient recognition of asbestos-related diseases, and the urgent need for public policies to address health surveillance, safe asbestos removal, and remediation of environmental and human liabilities. Regional disparities in the implementation of asbestos bans and ongoing resistance illustrate the dynamic complexity between public health, labor rights, and economic interests.

KEYWORDS
Asbestos; Supreme Court Decisions; Socio-environmental responsibility; Community participation