Uma defesa lógica do princípio da precaução como estratégia para a regulação de risco

Jordão, Eduardo
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Belonging to the risk regulation literature, this article aims to present a theoretical defense of the Precautionary Principle based on a qualified understanding of its target problem: risk. In does so relying on the academic discussion relating of the theme, whilst it tries to refute the main objection facing the norm, the argument according to which it would be inefficient to prevent against risks since these are everywhere. By presenting a technical understanding of risk, it will be shown that, even where potential damages regarding given innovations are uncertain, the distinction between two categories of risk would be decisive to point to instances where catastrophic events are much more plausible than at first thought of. This, in turn, would guide the application of the Precautionary Principle and render useless all other form of risk management in case harms are deemed irreversible.

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