(In)eficácia do Princípio de Precaução no Brasil

Abstract

The purpose of this article is to review the Precautionary Principle in Brazilian law in relation to the international agreements assumed by the country. We opted for a constitutional approach in the introductory phase, since the Precautionary Principle, which emerges from Article 225 of the Brazilian Federal Constitution, is considered as a general principle of national environmental law. The article is divided into three items. In the first one, introduction, we suggest an overview of the Precautionary Principle into the Brazilian environmental law through the international conventions. The second item refers to the incorporation of this principle by the Brazilian legal doctrine. In the third item, we present some examples of the Precautionary Principle ineffectiveness in the Brazilian context. The final considerations evoke the urgency of a precautionary approach.