The limits of the extraction of abestos in Brazil as a parameter for the current (in)discrimined use of nonotechnologies: between support and legal effectiveness

In: Scientia Iuris: publicação anual do Curso de Mestrado em Direito Negocial da Universidade Estadual de Londrina, Band 26, Heft 2, S. 88-102

Abstract

This research proposes a bibliographic and jurisprudential analysis of the positive and negative effects that may result from the indiscriminate use of nanotechnologies for public health and the environment, highlighting the role of law through regulated and disconnected self-regulation of dogmatic law, but compromised with the scientific results from the research of the nanotechnologies themselves, especially because this new technological discovery is revolutionizing the means of production on a national and global scale. In addition, it is stressed that the judicialization regarding the effects arising from asbestos, more precisely its results, can help regulating nanotechnologies, mainly because this precedent can be used as a parameter in the case of nano-legal effects in the Brazilian Supreme Court. Thus, it is possible to perceive that the solution would not be the partial or total prohibition through the judiciary, but the clarification of public and private risks that may result from the indiscriminate use of this new technological, as well as pointing out the need to anticipate legal problems and the duty to create criteria for the usage of nano technology in the country.