Nanotecnologia e segurança alimentar : a tutela do direito do consumidor e do meio ambiente diante dos riscos

Abstract

As technology advances to meet consumer needs, suppliers seek ways to innovate their production processes. With the advent of nanotechnology and its diverse applications, there has arisen a desire to analyze how this innovation is applied within the food industry across various stages of the supply chain?from cultivation to product composition, preservation, and packaging. Although they offer potential economic, nutritional, and environmental benefits, the specific properties of nanoscale materials also raise scientific uncertainties regarding their effects on human health and environmental balance. In this context, this dissertation analyzes Brazilian regulations and potential gaps, examining how the lack of information regarding the application of nanotechnology in food exacerbates consumer vulnerability and potential environmental impacts. It also investigates whether the right to information can serve as a basis for precautionary measures, particularly labeling. The study adopts the hypothetical-deductive method through qualitative, exploratory research, utilizing a literature review and an analysis of technical data, legislation, regulatory documents, and court rulings. It also examines experiences regarding the labeling of genetically modified organisms in Brazil and nanomaterials in the European Union, as well as information provided on the labels of dietary supplements marketed with the term "Nano." The results demonstrate that general consumer protection and environmental legislation provide a basis for applying the principles of information and precaution but do not adequately address the specificities of nano-foods. The mere use of the term "nano" on a label does not allow the consumer to understand which element is at the nanoscale, the function performed by the technology, or the potential risks associated with the product. The study concludes that the duty to provide information must be a central parameter in constructing a regulatory framework for nano-foods one integrated with the technical and legal definitions of these products, safety assessments, labeling, traceability, monitoring, oversight, and supplier liability. ESG and environmental compliance can contribute to corporate risk management, but they do not replace mandatory legal standards aimed at protecting consumers and the environment. [resumo fornecido pelo autor]