Suchergebnisse

Nanotechnologies, which are a diverse set of technologies using the nanoscale equivalent to a billionth of a meter, enable the development of products with new features and functionalities. Among these there is the use of zinc nanoparticles in the food industry for the production of plastic containers and packaging to protect and transport food. There is scientific uncertainty about the safety of such use (avoiding food contamination for example), especially in regard to the coefficient of migration of the particles to the protected or transported food. There is no specific legislative regulatory framework, although in many countries there are standards from government agencies, signaling a new regulatory production without passing through conventional legislative process. Starting from a comprehensive approach to some articles of the Consumer Protection Code, the aim of this article is to devise regulatory options for structuring the "right to information" and the "duty to inform" under the "right to know" in a perspective of prevention and precaution.

International audience ; Nanotechnologies, which are a diverse set of technologies using the nanoscale equivalent to a billionth of a meter, enable the development of products with new features and functionalities. Among these there is the use of zinc nanoparticles in the food industry for the production of plastic containers and packaging to protect and transport food. There is scientific uncertainty about the safety of such use (avoiding food contamination for example), especially in regard to the coefficient of migration of the particles to the protected or transported food. There is no specific legislative regulatory framework, although in many countries there are standards from government agencies, signaling a new regulatory production without passing through conventional legislative process. Starting from a comprehensive approach to some articles of the Consumer Protection Code, the aim of this article is to devise regulatory options for structuring the "right to information" and the "duty to inform" under the "right to know" in a perspective of prevention and precaution.

International audience ; Nanotechnologies, which are a diverse set of technologies using the nanoscale equivalent to a billionth of a meter, enable the development of products with new features and functionalities. Among these there is the use of zinc nanoparticles in the food industry for the production of plastic containers and packaging to protect and transport food. There is scientific uncertainty about the safety of such use (avoiding food contamination for example), especially in regard to the coefficient of migration of the particles to the protected or transported food. There is no specific legislative regulatory framework, although in many countries there are standards from government agencies, signaling a new regulatory production without passing through conventional legislative process. Starting from a comprehensive approach to some articles of the Consumer Protection Code, the aim of this article is to devise regulatory options for structuring the "right to information" and the "duty to inform" under the "right to know" in a perspective of prevention and precaution.

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.

Resumo: O objetivo do presente artigo é realizar um diálogo com Hans Jonas, buscando identificar o papel pedagógico do Princípio Responsabilidade e se o mesmo contribui para fundamentar uma nova ética de responsabilidade frente ao avanço (ir)responsável das nanotecnologias. A partir do método fenomenológico-hermenêutico, a hipótese que se desenha tem o contorno do cuidado (referencial teórico de Martin-Heidegger e Hans Jonas) como elemento estruturante necessário para avaliar e projetar as consequências dos avanços das nanotecnologias na perspectiva intergeracional. As concepções teóricas que deram apoio ao estudo permitem indicar que Jonas, ao resgatar filosoficamente o tema da promessa utópica e perigosa das novas tecnologias, avança em relação à ética tradicional ao apontar pela necessidade de uma responsabilidade moral coletiva que também se estende para as futuras gerações.

International audience ; Several studies have examined the links between personality and choice of studies, particularly from a longitudinal point of view. This original research proposes to study these aspects a posteriori. The Rotter questionnaire (1966) was completed by two groups of students in psychology (N=65) and law (N= 91). The other particularity of the samples concerns the location and the differences in socio-economic backgrounds: privileged for law students in Brazil, modest for students in psychology in France. Most of the hypotheses put forward, particularly those related to the citizenship and political aspects, are verified on the basis of the binomial test.

International audience ; Several studies have examined the links between personality and choice of studies, particularly from a longitudinal point of view. This original research proposes to study these aspects a posteriori. The Rotter questionnaire (1966) was completed by two groups of students in psychology (N=65) and law (N= 91). The other particularity of the samples concerns the location and the differences in socio-economic backgrounds: privileged for law students in Brazil, modest for students in psychology in France. Most of the hypotheses put forward, particularly those related to the citizenship and political aspects, are verified on the basis of the binomial test.

The use of nanoscale is currently growing. The state legislative regulation on the matter is inexistent. There is the rise of self-regulation, as well as the creation of norms by other social actors. The system of Law needs to enter in the context of innovation, granting legal effects to this regulatory production. The temporality of the new forms of regulation and the ability to deal with future risks and damages represent other challenges for the legal area. The analysis of publications from the OECD and the Web of Science showed that the risk theme is still little discussed in the main scientific journals. From these findings, we present a framework as an regulatory alternative and guideline for the industry that develops products from nanotechnology. Investments in research, categorization and risk analysis throughout the product life cycle is a necessary requirement to guide the governance, the regulation and the self-regulation of the issue.

International audience ; The use of nanoscale is currently growing. The state legislative regulation on the matter is inexistent. There is the rise of self-regulation, as well as the creation of norms by other social actors. The system of Law needs to enter in the context of innovation, granting legal effects to this regulatory production. The temporality of the new forms of regulation and the ability to deal with future risks and damages represent other challenges for the legal area. The analysis of publications from the OECD and the Web of Science showed that the risk theme is still little discussed in the main scientific journals. From these findings, we present a framework as an regulatory alternative and guideline for the industry that develops products from nanotechnology. Investments in research, categorization and risk analysis throughout the product life cycle is a necessary requirement to guide the governance, the regulation and the self-regulation of the issue.

International audience ; The use of nanoscale is currently growing. The state legislative regulation on the matter is inexistent. There is the rise of self-regulation, as well as the creation of norms by other social actors. The system of Law needs to enter in the context of innovation, granting legal effects to this regulatory production. The temporality of the new forms of regulation and the ability to deal with future risks and damages represent other challenges for the legal area. The analysis of publications from the OECD and the Web of Science showed that the risk theme is still little discussed in the main scientific journals. From these findings, we present a framework as an regulatory alternative and guideline for the industry that develops products from nanotechnology. Investments in research, categorization and risk analysis throughout the product life cycle is a necessary requirement to guide the governance, the regulation and the self-regulation of the issue.

Este artigo propõe uma observação crítica do direto positivo em sede de Direitos Autorais, a partir das transformações contemporâneas incidentes na Filosofia da Linguagem, com especial atenção ao que se convencionou chamar "Giro Linguístico". A partir deste marco epistemológico, o artigo explora duas possíveis implicações da "Virada Linguística" em relação os Direitos Autorais: a ressemantização das categorias "autor" e "obra" em decorrência da crítica à Metafísica Clássica e à Filosofia da Consciência.

The article discusses the possibilities for nanotechnology regulation applied to food and biofuels. In this sense, we seek to study the risks and hazards of this junction, as well as some alternative regulatory taking as reference formulas, not derived from the State and the Legislature, but coming from international agencies, the companies involved and programs voluntary compliance with the rules and principles already in place, but not directly related to nanotechnology. Thus, the study address law possibilities to join the perspectives opened by the Nanotechnology Revolution, encouraging the fulfillment of standards which have mainly focused on the health and safety of human and environmental preservation. ; O artigo aborda as possibilidades de regulação das nanotecnologias aplicadas aos alimentos e aos biocombustíveis. Neste sentido, busca-se estudar os riscos e perigos advindos desta junção, bem como algumas alternativas regulatórias, tomando-se como referência fórmulas alternativas não derivadas do Estado e do Poder Legislativo, mas oriundas de órgãos internacionais, das empresas envolvidas e de programas de cumprimento voluntário das regras e princípios, já vigentes, mas não diretamente relacionadas às nanotecnologias. Com isso, o estudo aponta possibilidades do Direito ingressar nas perspectivas abertas pela Revolução Nanotecnológica, fomentando o cumprimento de normas que tenham como principal foco a saúde e a segurança do ser humano e a preservação do meio ambiente.