Integração normativa para avanços científicos com nanotecnologia

Abstract

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.