APLICABILIDADE DO PRINCÍPIO DA PRECAUÇÃO COMO FORMA DE ZELO AO MEIO AMBIENTE: UMA ANÁLISE SOBRE A RESPONSABILIDADE AMBIENTAL NO DECRETO Nº 9.159/2017 QUE REVOGA A EXTINÇÃO DA RENCA

...

it is attributed under the influence of the integral risk

theory of an objective nature. Being irrelevant any question about a fortuitous event or force majeure,

as well as about good or bad faith, deceit or guilt of the cause of the damage. In addition to the legal

protection provided for in the Federal Constitution and Law No. 6.938 / 81, it is worth noting the

importance of the applicability of the guiding principles of Environmental Law, with emphasis on the

precautionary principle, which refers to a risk management criterion to be applied whenever there is

scientific uncertainty about the possibility of a product, event or service that unbalances the

environment, requiring the State to analyze the risks, evaluate the costs of the prevention measures

and, in the end, take the necessary actions to protect the ecosystem . This principle can not be

confused with the principle of prevention, which aims to adopt measures that correct or avoid possible

damages to the environment, and the risk is certain and known. Objectives: This study aims at

exposing, in practice, the applicability of the precautionary principle with regard to environmental

liability, which is evidenced in Decree 9.159 / 2017, which repeals the extinction of the National

Reserve of Cobres and Associates (RENCA). Material and Methods: In the present work, in addition

to the current legislation that governs Environmental Law, the Civil Code was used with regard to

accountability. In time, it had been used decisions of the Superior Court of Justice and doctrines

regarding, mainly, of the precautionary principle like form of zeal to the environment. Results: The use

of this principle was evidenced today by Decree No. 9.159 / 2017 signed by President Michel Temer,

in which it intended the extinction of the National Reserve of Cobres and Associates, in the Amazon,

of 46,450 km², which has mineral reserves of gold, iron and copper created since 1984, indicating that

its purpose was "to curb illegal exploitation". Thus, the purpose of the principle is examined when

analyzing the devastating consequences that such a measure would entail. Conclusion: The

precautionary principle should be used when there is evidence of damage to the environment,

considering as irrelevant any question about the case regarding environmental liability. When the

Precautionary Principle does not apply, the questions that are usually asked are from the profile: How

safe is the product or process? What is the acceptable level of risk? How much contamination can

man or the ecosystem assimilate without showing obvious adverse effect? In this way, it values itself

by prudence and zeal in the face of a risk potential that can reach the environment, such as the

practical case of the possible extinction of RENCA, which would reach the advance of deforestation,

the threat to indigenous tribes, water pollution, land conflicts and the demographic explosion.

Keywords: Law, Environment, Principle of Precaution.

Referências/references:

ALVAREZ VIANNA, José Ricardo. Responsabilidade Civil por Danos ao Meio Ambiente. 2ª Edição – Revista e

Atualizada, 2009.

BRASIL. Código Civil, Lei 10.406, de 10 de janeiro de 2002. 1a edição. São Paulo: Revista dos Tribunais, 2002.

________. Ministério do Meio Ambiente. Princípio da precaução. Disponível em:

http://www.mma.gov.br/informma/item/7512. Acesso em: 2 out. 2017.

Anais 2017

19ª Semana de Pesquisa da Universidade Tiradentes.

“Matemática para o desenvolvimento da Ciência”

23 a 27 de outubro de 2017

ISSN: 1807-2518

SUPERIOR TRIBUNAL DE JUSTIÇA. Acórdão, de 06 de dezembro de 2016. Disponível em:

http://www.stj.jus.br/SCON/jurisprudencia/toc.jsp?livre=principio+da+precau%E7%E3o&&b=ACOR&thesaurus=J

URIDICO&p=true.