A invisibilidade da nanofood no discurso jurídico: a importância da regulamentação da rotulagem como garantia do direito à informação do consumidor

Abstract

This research demonstrates the impact of nanotechnology focusing on the food intrustry and the necessity to provide nanofood labels as a guarantee of the consumer's right to information. Therefore, it's intended, initially, to contextualize historically the nanotechnology topic and expose in general its capabilities. This paper outlines the concept of nanofood, as well as the variety of ways that nanotechnology can be applied in food products, from labels production to food preservation. Referring to this thesis, it will be analized the context of scientific uncertainties generated by the development, indicating the possible risks that the use of nanomaterials may cause for humans in their interactions with the organism. In addition to that, the second part of this study aims the compreension of how the consumerist laws safeguard the food security, analyzing principles that govern the implementation of this institute. Specifically, the right to information and its relation to the precautionary principle in the context of scientific uncertainties in which nanotechnology is inserted will be highlighted, presenting the labeling as a mechanism for implementing the aforementioned principle. In conclusion, the current scenario of nanotechnology in the country will be analyzed with the main focus on the absence of any regulatory framework that limits or establishes safety parameters regarding its use in products, specifically, food products. Next, it's intended to analyze the legal implications of Draft Law 5.133 of 2013, which aims to regulate the labeling of nanotechnology products and products that make use of nanotechnology. Therefore, the methodology used is a bibliographical review, with study of standards, Bill 5.133/2013 and the consumer legislation.