DEVELOPMENT RISKS AND THE REINFORCED PRECAUTIONARY PRINCIPLE AS ANTICIPATORY MEASURES OF PURE ECOLOGICAL DAMAGE: AN APPROACH FROM GENETICALLY MODIFIED ORGANISMS

Abstract

 This paper aims to analyze the development risks and the reinforced precautionary principle as two approaches to pure ecological damage, with an emphasis on genetically modified organisms’ risks. The methodology is presented in two parts, the first, in a bibliographic mapping of the doctrine, jurisprudence, and regulations compiled on this problem; and the second, in a comparative interpretation, supported by a systematic review and interpretation. The results are presented as a roadmap, starting from a delimitation of development risks and ecological damage as a category of exclusion of responsibility. The paper continues with a discussion on the challenges that GMOs and the precautionary principle reinforced face. In conclusion, the author proposes to exclude development risks in cases of liability for pure ecological damage, as observed with the GMO risks. This criterion is not suitable to prevent the irreversible character that those damages may have, as well as due to the condition that the environment has as a superior protected legal interest. As a solution, the reinforced precautionary principle is presented as an anticipatory measure of these risks.

KEYWORDS: Pure ecological damages. Development risks. Reinforced precautionary principle. Genetically modified organisms. Liability for environmental damages.