A efetividade do direito/dever à informação nos produtos transgênicos

Abstract

This monograph deals with the right of consumers to information and the respective duty of producers in the context of transgenic products, with the question raised as to the central hypothesis about the existence and effectiveness of constitutional, infraconstitutional and regulatory rules, dedicated to providing the unavoidable safeguard. to consumers who see their right to choose, against the consumer society, vilified. The choice of theme is justified because, despite the existence of studies on the subject, it is observed that even after repeated doctrinal opinions, the legislative framework does not have legal efficacy capable of providing food security to society. The structure of the present course conclusion work was divided into three chapters, with the aim of better analyzing the questionable points on the topic. In the

first chapter, we examine the current jusphilosophical paradigm, that is, post- positivism, making it clear that its values ratify the existence of a right \ duty to inform

that orbit the entire Brazilian legal system. In the second chapter, we briefly discuss the concept, history, typology, legal nature, fundamentals and functions of objective good faith, taken in the present study as a major guideline for the right to information. In the third chapter, it deals with the nature of information in the current legal order, and then deals with transgenics with an emphasis on the rules that permeate their labeling, the symbolic characterization Chamber of Deputies (which deals with changing the labeling of transgenic pr of their norms and the criticisms due to Bill 4148 of 2008, originating from theoducts). Regarding the methodology, the hypothetical-deductive method was adopted. Dialectical and argumentative methods, the critical-methodological line, historical, projective and prospective legal research, as well as bibliographical and documentary exploratory research were also used. It was concluded in the understanding that any legislative modification is not imperative, since the prescriptions and values enshrined in the national legal system are sufficient to enable due respect for the principle of information in the field of transgenics. The dysfunction lies in the lack of effectiveness of the assumed protection, performing, in a necessary way, a set of concurrent performances by public and private entities, with a view to protecting consumers and implementing the information principle, so essential to the Democratic Rule of Law .