Reflexos jurídicos e sociais da não aplicação do princípio da precaução em novas tecnologias utilizadas na agricultura

Abstract

This paper addresses issues relating to social and legal reflections caused by insertions of new technologies in Brazilian agriculture without reference or adherence to the precautionary principle, which is critical in environmental law. The issue deals with the entry of genetically modified organisms in Brazil and the advent of the Biosafety law, using questions as regards the need for applied research about the uncertainties relating to the technologies employed in GMOs to enable or not, its cultivation and marketing. There are mainly the socio-economic and environmental issues, which makes special relationship between patents and rural producers. Justified the search by scientific uncertainty that exists in relation to new agricultural technologies, and your reflexes in the farmers and consumers of such products. Working on systemic approach methodologically-complex, and the procedure in nature using for this from a list of bibliographic data and media. With the work on display was concluded that, although the legal and technical environment there are several Brazilian judged on the precautionary principle in line with the constitutional and doctrinal understanding, in respect to GMOs, were not adopted them understandings, and even was decided on the merits in court.