A complexidade ambiental na sociedade de risco e o princípio da precaução na tutela inibitória

Abstract

This dissertation aims to demonstrate that inhibitory protection combined with the precautionary principle is an instrument for protecting and/or contributing to a sustainable society and environment. In this sense, the proposal seeks to understand the complexity and its transdisciplinary approach to phenomena, as well as the change in rational paradigm as a way of overcoming the constant rationality model in the industrial risk society in order to address the risks of current society and environment. To demonstrate the practical applicability of precautionary criteria, data from the Environmental Impact Study of the Second International Bridge construction, linking the cities of Foz de Iguaçu-PR and Presidente Franco in Paraguay, were considered to reference direct and indirect damages to the environment. As for the methodology adopted, this study used the hypothetical deductive method, understanding the dynamics in which one starts from a risk society and its complex character, requiring legal protection guided by the precautionary principle as a means of ensuring a sustainable environment. The research technique used is bibliographic. Finally, in the case study, the qualitative method was considered to analyze the data from the EIA and RIMA, which were raised by the PROGAIA Company responsible for carrying out the implementation studies of this project. A preliminary conclusion of this dissertation is that, faced with the wide production of risks in society, the law had to seek its updating, resulting in inhibitory protection capable of responding to aggression and threats against the environment, integrated by the precautionary principle, a principle that aims to prevent the occurrence of present, as well as future, uncertain and unknown damages.