O direito na era das nanotecnologias: uma abertura às possibilidades ambientalmente sustentáveis no cenário de impactos e responsabilidades desconhecidos

Abstract

This dissertation deals with the current situation on the impacts and responsibilities brought by nanotechnology, and the construction of environmentally friendly possibilities. On the global stage are seen as protagonists of the next technological revolution, therefore justifies the importance of prior analysis of sustainability across the social and environmental impact, positive or negative, of the effects produced by industry and the consumer (un)informed of nanotechnology products applied to sector of electronics or information. Considering the dualistic scenario - between the benefits and risks - of nanotechnology and the lack of a specific regulation, looking to answer the following question: to what extent the phenomenon of nanotechnologies affect or not the construction of the notion of a model sustainable (nano)environmental and responsibility? The purpose is to study the impacts and environmental effects of this phenomenon under the bias of the constitutional principles of prevention, precaution and information that guide sustainable development in Environmental Law and what their contribution compared to the absence of safety (nano)regulation and (in)sufficiency of research data on toxicological effects, serving as a warning basis for multidisciplinary debate about its effects on the environment and sustainable development. About this, it appears that the environmental principles condition and enable the construction of a sustainable paradigm and responsibility (nano)environment, taking into account the conditions for application of reverse logistics in the context of (nano)regulation. The methodological basis and theoretical, systemic perspective will be used, triggering an emphasis on observation of Risk Theory from the work Sociology del riesgo Niklas Luhmann. This methodology is justified in pressing need of forming a consistency across the range of regulation of nanotechnology in Brazil. Faced with the incipient production and bibliographic information on the topic in Brazil, the research will emphasize the experiences of national law, using risk management and reverse logistics for the formation of data indicating its possible compatibility with the production of answers. The research technique will consist of the bibliographic and documentary analysis on various sources, such as constitutional provisions, ordinary laws, legislative decrees, normative resolutions, Official Gazettes, courts, state agencies, journals, periodicals, books, teaching, etc. The literature will be developed also by consulting with various interdisciplinary sources in the field of nanotechnologies, highlighting especially documents such as scientific findings, pertinent standards, doctrine and decisions relating to the subject matter of this project, with special emphasis critical comparison of European contexts, the US and Brazil.