O princípio da participação social na gestão dos riscos da biotecnologia no Brasil: consolidação do estado democrático ambiental e diálogos entre sociedade civil organizada, sociedades científicas e governo na composição da CTNBIO

Abstract

This dissertation aims to identify the inference of the principle of participation in the management of risks arising from the handling and use of living organisms or parts thereof, for the production of goods and services. It takes in account the modern concept of risk and irreversibility of effects on use of biotechnology to analyze issues such as the brazilian constitutional framework of environment rights, including the principles of them immanent, in particular the precautionary principle and intergenerational equity principle. Going thru this path, intend to analyze the manner by which the law could ensure the effective participation of civil society in the design, development and deliberation on biotechnology, especially within the main brazilian’s deliberation collegiate organ in biotechnology, the Commission National Technical Biosafety - CTNBio. This work also analyzes the deficits of society participation in that collegiate body, according to the paradigm of the Democratic Environmental State, which elects the participation of civil society in political biosecurity as a basic principle. Identify the prevalence of scientistic boundary-maker speech, who decisively influenced the text of the current biosafety law, dividing the chairs of Commission in three social segments identified at the law, the scientific community, the government and civil society, straight to this hierarchical sequence, in which the less significant role was given to the last social segment, whose choice was relegated to the government sector with no rigid criteria. Try to uncover the contradictions of this prevalent discourse tuned into law which relegated a secondary role to the civil society in decision-making, at full force of the brazilian Democratic Constitution of 1988, which also created structural problems hard to overcome. Exposes the impact of the attempt to regulate the choice of members of civil society by the government sector over the deficit of participation and how it contributes to distance ‘ from the purpose of establishing an responsive biotechnological governance, for her present and the future society, corollary of Democratic Environmental State. The methodology is qualitative and exploratory, with bibliographical and documental analysis.