Alimentos derivados de organismos geneticamente modificados: uma comparação do ordenamento jurídico entre Brasil e a Itália

Abstract

Genetically Modified Organisms (GMOs) are also known as: transgenic organisms. And, in Brazil, they are object of study of fundamental acuity, regarding the risks to biodiversity and to human health, due to the scientific uncertainty. In this way, in the Biosafety Law 11.105 of 2005 - CTNBio determined that the National Technical Biosafety Commission can judge and approve the commercialization of these organisms. Undoubtedly, Brazil also has a backup of constitutional principles, including an entire chapter on environmental protection. And in relation to GMOs, what is observed is the exacerbated release in Brazil, unlike the countries of the European Union (UE). The UE has guidelines that allow the component countries to decide whether or not to enter these GMOs. However what happens is that most of these countries have opted for organic, confining the entry of transgenic organisms. However, Italy, which will be the object of study together with Brazil, is gradually more resistant to the use of these organisms, establishing laws and regulations to curb commercialization. In addition, Brazil works in a way that gradually allows the use of these organisms, violating an important principle in the legal system: the precautionary principle, avoiding risks to nature and to the human being itself. Accordingly, international trade becomes unusable between these two countries as far as these two bodies are concerned, for if one prohibits, another liberates, there is no international trade. Thus, the World Trade Organization (WTO) tries to resolve this impasse for a possible solution.