A contribuição do safe by design na estruturação autorregulatória da gestão dos riscos nanotecnológicos: lidando com a improbabilidade da comunicação inter-sistêmica entre o direito e a ciência em busca de mecanismos para concretar os objetivos de sustentabilidade do milênio

Abstract

This Thesis deals with nanotechnological risk management with a focus on self-regulation based on safe by design, in pursuit of the millennium sustainability goals, in the context of the improbability of inter-systemic communication between Law and Science. Currently, the expansion of the use of nanotechnologies is one of the main innovations that occurring in the production sector worldwide, as part of the Fourth Industrial Revolution, bringing together a number of concerns regarding ethical, legal and social aspects, as well as the risks to health and environment. It should be remembered that the same characteristics, which make nanomaterials differentiated and beneficial, also generate doubts and concerns about their behavior especially regarding their interaction with the ecosystem. As a result of this new reality, provoked by the rise in nanotechnology and its potential risks, especially in relation to human health and environment, the objective was to analyze the possibilities of the contribution of the safe by design tool as a form of coupling between the Law System and the Science System, permeated by the concept of Responsible Research and Innovation (RRI), which is also concerned with - Ethical, Social and Legal Aspects (ELSA), in the self-regulatory structuring of nanotechnology risk management, aiming at the sustainability, in its different aspects, applied to innovation, in the context of the Millennium Development Goals, projected by the UN until 2030. For that, the systemic-constructivist methodological perspective was used, based on the contributions of Niklas Luhmann, Gunther Teubner and Leonel Severo Rocha, considering reality as a construction of an observer, analyzing all the peculiarities involved in the observation, treating it is a form of juridical reflection on the conditions of production of meaning as well as the possibilities of understanding the multiple differentiated communicative dynamics in a complex environment, such as that generated by nanotechnologies. In this way, safe by design can be understood as a possible structural coupling between the Systems of Science and Law, enhancing inter-systemic communication about risk as a practical and creative way of applying the ideas of RRI and ELSA, moreover, as a modality of regulated self-regulation, in the management of nanotechnology risks, organizing and stabilizing expectations and inducing behaviors in search of sustainability in innovation, within the horizon projected by the Millennium Sustainability Goals. Thus, it is demonstrated the necessary immersion of the Law System in the observation on nanotechnological risk, contributing with one more step towards the discussion of the possibilities and challenges that the use of nanotechnologies is already generating for the present and future generations.