The precautionary principle in the administration of asbestos' risks

Abstract

Even though the use of asbestos has been banned in many countries around the globe, Brazil is among the world's five largest producers of this toxic substance, which is used primarily in the asbestos-cement or asbestos cement industry. Although Brazilian legislation regulates its extraction, industrialization, use, marketing and transportation and the products that may contain it, the Brazilian Ministry of Health utilizes data from the World Health Organization in order to better analyze its impacts. Furthermore, this institution recommended the elimination of chrysotile or other asbestos minerals that may have asbestos fibers in their composition. With a bibliographical survey, this research analyzed the role of Brazil in the protection of fundamental liberties, such as life, health and the environment with the use of asbestos products, as safety and precautionary measures are necessary in order to protect human and environmental well-being. Moreover, this paper also explores international and domestic law, and its implementation in Brazil, as both are used in the absence of scientific certainty and in the event of a risk of serious and/or irreversible damage to the natural environment, which, in this case, may violate interests of present and future generations, and especially the surrounding fauna and flora.