REGULATION OF NANOTECHNOLOGIC RISK AND DEMOCRATIC PARTICIPATION AND: POSSIBILITIES AND OBSTACLES

• Autor(a) principal: Fornasier, Mateus de Oliveira
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Veredas do Direito (Online)
• Texto Completo: http://revista.domhelder.edu.br/index.php/veredas/article/view/465
• topic: nanotecnologias; risco ambiental; regulação; participação democrática; Nanotechnologies; Environmental Risk; Regulation; Democratic Participation

This article aims to observe the social deficit around the perception of the meaning of nanotechnologies by ordinary citizens (not experts), which operates as an obstacle to the principle of democratic participation for regulation of ecologically balanced environment, inserted in art. 225 of the 1988 Constitution. Its research problem was: what benefits and obstacles the constitutional principle of democratic participation faces in society for regulation of nanotechnology risk? As a hypothesis it follows that, despite the constitutional commandments that open room for various means of democratic participation since 1988, the greatest obstacle faced by the jurist when analyzing the social effectiveness of these standards is the knowledge gap about nanotechnology among the sectors already working with nanotechnological development and the general public. To achieve its general objective, the work was divided into three sections, each corresponding to a specific objective: a) to present the basic characteristics of nanotechnology and what is beneficial for man and the environment in its development; b) to examine the possibilities to occur the nanotechnological developing countries like Brazil; c) to demonstrate that, even though democratic participation for regulation of nanotechnology is constitutional, we are still facing an overall disparity of understanding about nanotechnologies in general public’s opinions, as well as among scientists. In conclusion, we found that: a) there are benefits to mankind and to the environment with nanotechnology development – however, there are also great risks; b) there is a very great risk of seeing nanotechnological development significantly increase the social gap between developed and developing countries; c) there is a great disparity in perception of nanotechnology among lay people and experts hindering its democratic regulation. The methodology used in this paper is hypothetical-deductive.