Nanotecnologias e a interlocução com o direito ambiental: desafios jurídicos na regulação do (Nano) Risco

Abstract

Life in society is a constant transformation and technological development follows this flow. What at the beginning of the first industrial revolutions seemed like mere science fiction is now widely inserted into people's daily lives through the advent of the socalled industry (5.0). Because of this transformation, and integrated with it, nanotechnology emerged, considered by much of the doctrine as a multidisciplinary science that creates, manipulates and explores materials on a nanometric scale (one billionth of a meter). Due to their distinct physical-chemical properties, nanoparticles allow for a series of innovative technological applications, although they can also present risks to human health and the environment. Products containing nanoparticles reach the consumer market quickly and constantly, exposing human beings to the danger of dermal contamination, through ingestion and inhalation, in addition to becoming available in the environment, causing bioaccumulation. (Nano) risk is, therefore, one of the main promoters of the debate on the regulation of nanotechnology in Brazil. Given the absence of specific legislation that addresses this issue, nanotechnology products are registered individually with regulatory agencies, through inappropriate regulations that do not mention these particles. Therefore, the object of study of this work consists of discussing the usual instruments of Brazilian Environmental Law and evaluating their efficiency in dealing with the (Nano) risk theme. To achieve this purpose, an integrative systematic review of the relevant literature will be developed. In total, five Bills have already been proposed in the National Congress (2005-2019), which aimed to regulate nanotechnologies, however, only PL 880/2019 remains in progress, with the rest being shelved, due to a shallow understanding of risk management involving these nanostructured devices. Through research and study of proposed legislation, the following trend was noticed: in general, actors involved in decisions on Bills who had a greater perception of risk demonstrated a tendency in favor of regulation, while actors with a lower perception of risk were opposite. Given the lack of approval of appropriate legislation to deal with this matter, the judiciary is basing its decisions on the Precautionary Principle, seeking, even if provisionally, a solution to this controversy. It turns out that the absence of objective criteria and requirements, under which the risk would become acceptable or unacceptable, combined with the excessive use of Precaution, can lead society in general to a narrow and superficial understanding of nanotoxicity.