Artigo de Periódico
Princípio da precaução: definição de balizas para a prudente aplicação
Fecha
2018Autor
Romeu Faria Thomé da Silva
Jamile Bergamaschine Mata Diz
Institución
Resumen
The purpose of this article is to identify and propose the use of criteria for the application of the precautionary principle. There were distortions of the meaning of precaution, which opened the way for its use as a basis for authoritarian decisions and without scientifically consistent arguments, often impregnated with ideological and subjective character. Reasonability, proportionality, adoption in cases of serious and irreversible risks, express motivation, periodic reassessment of decisions and participation of society in a democratic perspective are some of the suggested criteria to guide the application of the precautionary principle. The critical-methodological and legal-propositional methods were used. The aim was to perform a critical analysis capable of proposing criteria for applying precaution in the Democratic State of Law.