Princípio da precaução : uma análise teórica-prática da sua importância no gerenciamento dos riscos ambientais com vistas à manutenção da qualidade de vida das futuras gerações

Abstract

The present study aims to introduce the precautionary principle as a controller of risks that arise from activities that create uncertainties. Therefore, it draws an ethical reference when analyzing the prudence as the theoretical basis in the origin of the principle’s formation and later lists culture as the trigger for the technological process, which subsequently resulted in the risks that must be controlled. The maturing of the precaution concept raised itself to the status of a constitutional principle with the task of defending the environment from risks that preclude the future generations from reaching life quality and dignity, which can only be enjoyed in a healthy environment. Accordingly, the precautionary measures are implemented by norms, showing the practical ways to meet the precepts of the principle by evaluating the activities regarding environmental impacts and use of tax incentives in precautionary policies. To this end, its application must be respected and interpreted earnestly so that it can continue to establish ways of controlling the environmental degradation and develop itself as legal grounds, thus optimally meeting the precepts. Even suffering severe criticism, the precautionary principle can be an effective tool to manage environmental risks.