A gestão dos riscos ambientais da nanotecnologia a partir de estudo de um caso: a elaboração de framework com fundamento no sistema do direito ambiental brasileiro

Abstract

The theme of this thesis is the observation of the structuring elements of the Brazilian Environmental Law System for the composition of the environmental risk management framework of nanotechnologies, based on a case study from companies manufacturing products with nanotechnologies in the southern region of Brazil. Nanotechnology holds countless possibilities. Solutions previously unthought are possible today. Its applications range from drug development, disease diagnosis, daily products to environmental decontamination. The prospects are amazing and many products with nanotechnology are part of daily life. It is estimated today approximately 8,523 products incorporating nanotechnology are on the market. However, the other side of the benefits are the risks, and for these a cautious look is needed, considering scientific research indicates there is a high capacity for environmental damage in nanotechnologies, in the absence of a systemic and efficient plan of risk management. In addition, nanotechnological facts do not belong to the Brazilian Environmental Law System. That is, there are no instruments to control nanotechnological risks, because they are not recognized as legal facts. In this scenario, the objective of this thesis is to look at the structural elements of a framework, drawn from the content of the Brazilian Environmental Law System, designed to manage the risks that may be generated from the use of nanotechnologies, with the central axis grounded in the principle of precaution, prevention, polluter pays and other sources of law. The method used will be the systemic-constructivist matrix, exploring the understanding of Law in the Systemic Theory and interferences generated by other systems in the level of nanotechnological risk protection. This method helps to carry out the observation of legal systems, politics, economics and science, since these are the actors involved in managing nanotechnology risks to the environment, as well as demonstrate the possible paths to be followed, especially with the development of transdisciplinary, which admits several levels of reality. In this way, it will be demonstrated that the challenges of nanotechnology risk management can be addressed by the Brazilian Environmental Law System based on a framework composed of production stages and the incidence of international and/or national Rights sources.