Organismos geneticamente modificados e meio ambiente : uma abordagem científica do risco

Abstract

Technological advancements have brought much concern in regards to the irreversibility of the consequences that Genetically Modified Organisms (GMOs) might cause to the environment and to future generations. Therefore, many safety measures must be created in order to prevent risks originated from the development of science and new technologies. Environment protection must be approached in view of a number of legal norms and principles from the Brazilian Constitution, and from the current judicial trend. Thus the need to apply the principle of precaution (Brazilian Constitution) so that means and methods of avoiding environmental impact can be created. “Biosafety” emerges from the need of evaluating, preventing and administering the risks associated to the development of biotechnology. The legislators therefore focused on creating norms that address damage prevention in view of the uncertain consequences that the legalization and use of GMOs might bring to the environment. As a consequence, they have expressly protected the environment on Article 225, §1, II, IV, and V of the Brazilian Constitution, later regulated by Federal Law #11.105/2005, which stipulates about safety and supervision involving all related activities at risk in regards to GMOs usage. In the hypothesis of regulating GMOs it is necessary to run a Preventive Study of Environmental Impact in order to examine risks to human health and the environment. Regarding Genetically Modified Organisms in general, it is necessary to have an effective judicial tutelage, capable of understanding the peculiarity of the matter, to act with due precaution in view of the uncertainty consequences that GMOs use might bring to humanity.