Ações judiciais de monitoramento médico preventivo: um estudo da sua aplicabilidade no direito brasileiro à luz do direito dos desastres e do dano ambiental futuro

Abstract

The dissertation aims to analyze the applicability of preventive medical monitoring under Brazilian law as a means of reparation for future reflex environmental damage resulting from human contamination by exposures to toxic substances capable of creating or increasing the risk of severe latent disease development. Therefore, it presents the following research problem: in view of the need for the legal system to be structured according to the wide range of risks in contemporary society, including Brazilian society, what would be the possibilities of a tort liability system for creation or increase of risks resulting from legal acts-facts that cause toxic exposures in Brazil, based on US demands for preventive medical monitoring? For the development of the proposed work, the dissertation is structured in four parts: the first part presents a study of the risk society and the disaster law as an autonomous legal branch; The second part focuses on the repercussion of abstract risks in the legal system, which imply situations that underlie tort liability for future environmental damage; the third part deals with the development of the legal institute of medical monitoring in the United States; The fourth part address, finally, the possibility of assimilating tort liability for future environmental damage under Brazilian law, in order to verify the possibility of preventive medical monitoring actions in Brazil, an opportunity in which is also exploited Brazilian lawsuits where the defendants were ordered to pay the cost of diagnostic tests for victims exposed to toxic substances without any symptoms. The theoretical matrices used are the systemic-constructivist methodological perspective and the theory of disaster law. In addition, there is the use of deductive, comparative, empirical and descriptive methods, as well as the jurimetric work approach and the bibliographic and documentary revision research technique.