PRINCÍPIO DA PRECAUÇÃO NO DIREITO AMBIENTAL BRASILEIRO: DO AVANÇO TECNOLÓGICO À CONTENÇÃO DAS EXTERNALIDADES
A pesquisa analisa o princípio da precaução frente ao avanço tecnológico e à contenção das externalidades negativas que as novas atividades podem causar ao meio ambiente natural e à saúde humana. Verifica-se, a partir da revisão de doutrina especializada, se o princípio da precaução pode ser considerado um entrave ao avanço tecnológico. A principal contribuição do estudo consiste em identificar se a aplicação do princípio onera a sociedade ao impedir que certos produtos ou serviços sejam implementados por existir incerteza científica quanto aos riscos que podem provocar. Este artigo considera a precaução importante instrumento para a concretização do desenvolvimento sustentável. Adotou-se o método hipotético-dedutivo, baseando-se na literatura jurídica disponível sobre o tema, operando-se por meio de levantamento bibliográfico e jurisprudencial.
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