Comparative Law, Genetically Modified Organisms and the Precautionary Principle: (IM) Possibilities of North American Law Contributions to the Brazilian System of Rights

Abstract

This paper sets light onto how un(likely) it is for the North-American Law to prove beneficial for the national system, specifically regarding issues as a balanced environment, the environmental principle of precaution, and the consequences resulting from research, planting, commoditization and consumption of genetically modified organisms. By means of analysis of each of the States executive and legislative scenarios, it presents the multiple approaches and understandings there are related to the use of biotechnology for the (un)due efficacy and consistency of the existing efforts towards preserving a well balanced environment. This paper relies on a qualitative approach to assess the core elements involved, most specifically in what regards risk analysis and decision making at the light of the precaution principle. In order to achieve that, its necessary to appreciate legislative and administrative issues from both the United States of America and Brazil. The UN Declaration on the Human Environment, the Rio Declaration on Environment and Development, the Universal Declaration on Bioethics and Human Rights, the Convention on Biological Diversity, and the Cartagena Protocol, along with the specialized doctrine, are also taken as objects of appreciation in the performance of such research.