A responsabilidade civil ambiental frente aos riscos sociais, ambientais e laborais associados à nanotecnologia

Abstract

The present dissertation brings as main objective the nanotechnology, one of the most spectacular possibilities of technological application of the 21st century; which nevertheless carries risks of various kinds, such as possible toxic effects for the human body and for the environment, about which there are no scientific certainties. The objective of this study was to investigate whether environmental civil liability, in the current stage of evolution in the Brazilian legal system, produces sufficient security in spite of the risks inherent to innovations based on nanotechnology, in order to ensure the repair of eventual damages to consumers, workers and to the environment. The methodology used for the present investigation was to carry out exploratory bibliographic research, legislation and data research in the specialized literature. The method adopted was analytical, seeking in the legal system the possibilities of solution to the risks associated with nanotechnology. It is concluded that the environmental liability is not able to guarantee the safety of workers, consumers and of the environment, through the repair of damages resulting from the management of these technologies. The existence of a reparatory mechanism is not capable of being responsible for safety of these technologies, because accountability will only occur if there is identifiable damage and causal link. Precautionary principle can be used, at the administrative level, to develop more effective risk management methods. In the judicial sphere, this principle may assist in making the proof of damage and the causal link more flexible.