Análise do entendimento dos tribunais brasileiros sobre o “Princípio da precaução” no biodireito

Abstract

The aim of this essay is to analyse how Brazilian Courts are interpreting the Precautionary Principle concerning biotechnology or the so-called bio-engineered food and new drugs, or, in a generic term, Genetically Modified Organisms. This issue is very much relevant in present times since several questions arise from such interpretation. This essay is divided into three parts. The first one analysis the Precautionary Principle itself, its concept and criticisms from scientists of its indiscriminate use as well as its relation with risk assessment in biotechnology. The second part brings a brief review of the evolution of Brazilian Law concerning biotechnology, genetic modified organisms and the bureaucracy involved in their approval in the country. The third part consists in a review of important court decisions in Brazil that set off standards for other judgments. Based on these elements, the conclusions fro the initial questions shall be presented.