The precautionary principle and the interruption of the causality nexus

Authors

  • Gabriel Wedy Escola Superior da Magistratura Federal no Rio Grande do Sul

DOI:

https://doi.org/10.4013/rechtd.2014.62.08

Abstract

This article discusses the precautionary principle and its relationship with causality, first the relationship with natural causality and then with law causality. The precautionary principle is analyzed as a tool for the protection of fundamental rights, especially environmental rights, that is capable of suspending the natural and juridical causality nexus. The article also asks what would be the best causality nexus theory that effectively enables a complete reparation of damage to the environment and to public health in the case of non-application or disproportional application of the precautionary principle.

Keywords: precautionary principle, causality nexus, environmental damage.

Author Biography

Gabriel Wedy, Escola Superior da Magistratura Federal no Rio Grande do Sul

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Published

2014-04-15

Issue

Vol. 6 No. 2 (2014): July/September

Section

Articles

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