NANOTECNOLOGIA, SAÚDE E SEGURANÇA NO TRABALHO: ESPAÇO PARA REGULAÇÃO

Abstract

The growing utilization of nanotechnology (set of techniques to manipulate matters in nanoscale) has not been accompanied by investments in studies about the impacts of nanotechnology’s use in people’s health. The chemical elements, when used in nanoscale, may provoke several damages, and even unkown damages, to the human being and to the environment and, thereafter, cause damage to the worker and to the work environment. Considering the absence of nanotechnology’s regulation in Brazil, we question the high levels of judicialization in brazilian’s Labour Justice on this point. Despite of, the research made in the 24 Regionals Labour Courts (TRT) and in the Superior Labour Court (TST) did not confirm the question. Then, we started
investigating the actual stage of regulation of nanotechnology in worker’s health and security comparing it with America’s and Europe’s regulation processes, looking for identificating the models of regulation adopted abroad and the possible ways of implementing it. The results show that the brazilian regulamental model is similar to the european model (pyramidal model based on the cooperation between public and private sector with regulatory transition from soft law to hard law), featuring the singular case of the Labour Justice, wich has had hard law mechanisms destined to the resolution of conflicts that involve workers and nanotechnology.