Integração normativa para avanços científicos com nanotecnologia
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Data
2019-03-25
Título da Revista
ISSN da Revista
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Editor
Universidade Federal de Goiás
Resumo
Despite the many challenges posed and still, the appeals to moratoria for governments and in dustries to address the problems generated by convergence technologies, such as nanotechnology, that from
laboratories, research results win the industry and become products and services that already Are available
for consumption, and their risks to human health and the environment have not been adequately assessed,
and without proper monitoring of waste disposal, legal regulation of the use of this technology has slowly
advanced around the globe, including in Brazil. After a survey and analysis of the literature, the develo pment, applications and probable risks to the health of consumers and workers and to the environment,
coming from innovations with nanotechnology, were described. It was concluded that in the absence of
specific legislation for this matter, Brazilian law should regulate nanotechnology by way of reflection throu gh the integration by analogy of diplomas applied to subjects of the same ratio legis, that is, protection and
general obligation And reasons for the adoption of the constitutional principle of precaution established in
domestic legislation such as the Biosafety Law and the National Solid Waste Policy, and in international
law, in addition to observing inspiring constitutional principles the system of analogy juris, such as humandignity, respect for life and health, which constitute the most general norms of the system, such as those in
the Federal Constitution and the Codes.
Descrição
Palavras-chave
Nanotecnologia, Inexistência de lei específica, Integração do ordenamento jurídico brasileiro, Analogia legis, Analogia juris
Citação
NOLASCO, Loreci Gottschalk; SANTOS, Nivaldo dos. Integração normativa para avanços científicos com nanotecnologia. Revista da Faculdade de Direito da UFG, Goiânia, v. 43, p. 1-32, 2020. Disponível em: https://www.revistas.ufg.br/revfd/article/view/45284.