Diálogo ultracíclico transordinal: possível metodologia para a regulação do risco nanotecnológico para o ser humano e o meio ambiente

Abstract

The author had worked, in this thesis, the following theme: theories that are able to overcome positivist normativism and legalism, in order to draw a methodology that could be up to observe (and to construct) a juridical regulation adequate to the challenges that nanotechnologies impose to Law during the globalized post-modernity. Its scope was delimited to the interactions between Law Theory and formo f society. Its overall objective was to demonstrate that complexity can be very elevated through making decisions about nanotechnology. Its specific objectives were: a) to demonstrate that the possibility of harms and torts to human health and to the environment, that are offered by nanotechnology, make its development and unregulated use pose a risk. However, the alternatives that have been offered for this, in Brazil, suffer of a simplistic, linear, fully encompassing legalism, face to an extremely complex problem; b) to analyze the autopoietic systems theory, seeking to expose that its reasoning is found precisely inn the complexity and contingency, that are characteristic elements not only of the development of high technologies, but are also directly related to the notion of risk; c) understand the system of law, in the approach of theory of autopoietic systems, as a dynamic system, that is evolutionarily set - and that is a system, in the version of Gunther Teubner, configured as hypercyclic and autocatalytic, being composed of various elements (which contributes for a better viewing of a reflective Law, which is as capable of offering possibilities for nanotechnology regulation); d) to introduce, as a possibility for the regulation of nanotechnology, the ultracyclic and transordinal dialogue methodology, which is mainly based on methodologies of transconstitutionalism (Neves), dialogue of the sources (Jayme) and on the theories of the hypercycle and ultracycle (Teubner) – which are plausible alternatives for observing the legal phenomenon in world society. It used the systemic-constructivist method of approach, which assumes the fact that the whole theoretical construction starts from the point of view of an observer. It was obtained, as a conclusion, that face of such a complex problem as the regulation of nanotechnologies is, the mere control from the fully encompassing and linear legislative act does not prove to be plausible, being the methodological construction of ultracyclical and transordinal dialogue, which is based on the opening for a dialoguing solution between different types of juridical communications (and not only between the norms based on the State), more suitable for the juridical regulation of nanotechnologies.