Os códigos de conduta privados como forma de (auto)regulação da gestão de riscos nanotecnológicos no meio ambiente de trabalho

Abstract

This paper has as its theme the Business Management of Risk in Nanotechnology activities, featuring as its main point the analysis of the Corporate Codes of Conduct as the basis for the (self) regulation of nanotech activities. The base theory of this thesis is developed based on those of authors Gunther Teubner in the perspective of the Corporate Codes of Conduct and Niklas Luhmann in the application of the Theory of Risk. As a research problem, it tried to answer which are the structuring elements of the Private Codes of Conduct that can collaborate for a better management of the risks arising from nanotechnology-based business activities in the context of the work environment. In accordance with the systemic-constructivist methodology, the study of the legal dogmatics of the nano world is proposed and the constructivist theory is used for risk analysis based on the observation and investigation of the precepts of known risk aligned with the principle of prevention and unknown risk in line with the precautionary principle. Besides that, a Case Study research was conducted on the basis of multiple questionnaires answered by research laboratories and companies, in which we verify the practices adopted and the information conceived about the risk in the nanotech work environment. It was identified that the Corporate Codes of Conduct can be a source of law as a regulator of the actions of participating companies, which assume obligations for themselves and their business environments. However, it has been found that self-regulation concerning nanotechnologies only generates effects if surrounded by risk management supported by a specific nanotech integrity program. The original hypothesis has been confirmed through the need to adopt a system based on the principle of precaution and prevention with transparency and dissemination of information regarding potential risks, good faith from the involved parties, a Program and Prevention of Environmental Risks suitable for protective and preventive measures of risks to nanomaterials and a compliance program adopted according to risk management.