Aspectos jurídicos dos estudos ambientais utilizados na aprovação de alimentos geneticamente modificados

Abstract

This thesis, prepared under the Interagency Program for Research and Graduate Studies in Biotechnology seeks to analyze the implementation of environmental standards and biosafety from environmental studies submitted to the National Technical Commission on Biosafety - CTNBio for commercial release of genetically modified organisms. A qualitative research was conducted through literature and documents, with analysis of legal instruments. The fortuities and uncertainties arising from the handling of GMOs led the development and implementation of standards controlling of the activities in order to reduce risks to humans and the environment. FAO, multilateral organization of food policy, believes that these new technologies can contribute to food security and that GM foods are safe for humans, but its evaluation should be done for each new event. Research activities, manipulation, cultivation, consumption and trade of genetically modified organisms involve risk to the environment and must observe the implicit and explicit principles contained in the Constitution. Regarding the risks and uncertainties, the State may invoke the precautionary principle to impose restrictive measures to be considered in applying the principles of reasonableness and proportionality. The definition and implementation of biosafety policy is the responsibility of the National Biosafety Council CNBS and the National Technical Commission on Biosafety - CTNBIO. The CTNBIO represents the technical component of the microsystem and holds biosafety governance as the enforceability of the Environmental Permit and Preliminary Study of Environmental Impact. The CTNBIO’s technical evaluation binds the federal public administration for all their organs. From the perspective of the constitutional principle of efficiency, the operating structure of the biosecurity system, consisting only of collegiate bodies, is incomplete and can not effectively perform the tasks assigned by law. In three events intended for commercial release, developed and evaluated by the competent organ at different times, referenced by Resolution No. 05/2008 CTNBio, gaps were observed as not as complemented by the entrepreneur. The demands of CTNBIO are of absolute character, precluding any technical discretion as to its enforceability. The commercial release of GMOs requires ongoing monitoring by CTNBIO.