A autorregulação regulada da tríplice hélice: a estruturação da boa governança em nanociência e nanotecnologia

Abstract

The nanoscience and nanotechnology theme refer to the researcher to the anguish of the price to be paid for development that underestimates the treatment of risk to social and environmental ecosystems. The data show that the economic system appropriated, with the approval and intermediation of the Government and with the edition of the Law of Innovation (nº 13.243/2016), of the development produced in the Universities transforming it into innovation. This has a positive impact on the well-being of people in accessing goods and services produced with the new technologies, but on the other hand, little has been informed about possible harms and as a consequence, there is no chance of choices by those who access this production. In this small demonstration of context and problem is that the research develops the hypothesis that self-regulation regulated through the rules of Good Institutional Governance in N&N as a structure and operation of the techno-scientific system built for the Triple Helix can properly manage the risks through ethics of responsibility, both as a policy and as an operation, a reflection of the legal pluralism that includes Human Rights, the Federal Constitution, the Law of Innovation, the Company Law and Human Rights, global norms, global pacts and technical norms. Therefore, the general objective of the research is to show that the legal system has no way of attending to new technologies, paying special attention to nanotechnologies, because its program is carried out through the argumentative and interpretative decisions of the Courts, after the fact is affected by the norm. In the case of new technologies this system can not manage the object. It is necessary to innovate by building a closed system only for this nanotechnological fact linked to the legal system, but outside its bases of operations. With this organization, produce adequate management and change of economic behavior in the nanotechnological treatment. As specific objectives, the research intends to organize the Triple Helix as a system based on functional structuralism, giving it identity, autonomy, own language, self-reference and autopoiesis. Once this system is organized through Good Institutional Governance in N&N, close it in its operations by expanding legal treatment to harmful events through Class Arbitration. Thus, in case of harmful events, the conflicts will be solved under the bases of autonomy of this techno-scientific system. The applied methodology is the systemic-constructivist of Luhmann (2010) and the research techniques involve the collection of data and documents submitted to the analysis by the bibliographic review.