Nanotecnologia e direito: da estrutura jurídica tradicional ao diálogo entre as fontes do direito

Abstract

Nanotechnology is the latest and greatest advancement of science. This innovation allows creating and modifying matter on a microscopic scale. Its application is advantageous in various industry areas, such as textile, food, and drugs. Because it is an innovation, it has no previous parameters. Potential immediate and future risks to the environment and to human beings seem to be inevitable as there is only recent research about its toxicity. This is how nanotechnologies have become a major challenge for the Science of Law. The current legal framework, proposed by Pontes de Miranda, does not address the issues imposed by this innovation. Thus, there is an urgent need to review the Legal Fact Theory of Pontes de Miranda as it has the legislation as sole factual support, where the facts of life occur and become legal. Nanotechnology is a field in recent development, having, therefore, no specific regulations by the State. It is paramount, through dialogue between the sources of the law, to seek factual support in the Law as well as in the leg islation. Thus, this dialogue should take place according to rules and regulations, as proposed by Alain Supiot. In other words, the State should set principles and parameters by which players directly involved should be guided and from which proper and adequate regulations should be drawn.