Systemic Regulatory Perspectives on the Agricultural Use of Genetically Modified Organisms (GMO) in Brazil

Resumen

Purpose ”“ The regulatory environment for the use of GMOs in Brazil is embedded in a myriad of administrative competences, submitting to legal rules whose content is informed and dominated by specialized technical language. For this reason, it is necessary to have a legal approach that, in addition to having a purely formal right (often only used by another system) and beyond mere material (finalistically thought from political references), realizes in order to articulate the other systems involved and ensure greater social integration with regard to democratic participation and expectations of regulation in cases such as these. This article addresses systemic regulatory perspectives for the regulatory processes of the use of genetically modified organisms in Brazil.

Methodology/approach/design ”“ The concept of Regulatory State and regulatory law was used from the perspective of Jürgen Habermas and Gunther Teubner's ideas developed respectively in a systemic perspective.

Findings ”“ The regulation of the use of GMOs in Brazil demands a greater social integration, which can be achieved using reflexive law in the context of a Regulatory State.

Originality/value ”“ The article fills a gap in the study of the regulatory right when presenting legal reflection on the approval process of the use of genetically modified organisms (GMOs) in Brazil, presented theoretical proposal focusing on law as a reflexive system of a Regulatory State.