Incorporation of the Agreement on the Application of Sanitary and Phytosanitary Measures

Abstract

The aim of this study is to perform an interpretive analysis of the incorporation of the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) into the Brazilian legal system. The research was developed through the deductive approach, by predominantly using the literature review methodology, by means of consultation of books, scientific articles, and electronic addresses on the Internet. The SPS Agreement recognizes the members’ right to adopt measures based on scientific principles that are necessary to ensure food security, to protect the life and health of people and animals – or to preserve plants –, or to protect a territory against a pest or disease. The Agreement was incorporated into the Brazilian legal system in 1994.