Environmental Law and Nanotechnologies

We intend to assess the complexity posed by new technologies, especially in the use of nanotechnologies in numerous products that were first developed to bring in improvements, and not to cause future damages. Through a descriptive and bibliographical research, we aim at learning the traditional instruments of Environmental Law and assessing the possibility of new ways to reconcile the necessary technological evolution with prudence in relation to the possible unpredictable result of the use of elements developed at the “nano” scale. The protection provided by the Environmental Law system was developed on an anthropocentric basis and presents a series of mechanisms classified within the three levels of protection, namely, administrative, criminal and civil. With the advent of new demands, especially nanotechnology and its possible future repercussions, it is necessary to find alternatives to avoid technological development from being hampered and, at the same time, provide security. It is possible to conclude that the lack of a specific standard to protect the use of nanotechnology products cannot justify the use of new instruments capable of performing this complex task. Despite the need for a specific rule, the application of Environmental Law principles such as precaution, prevention, polluter pays and other Law sources represents a viable path.