A NOTIFICAÇÃO E A RESPONSABILIDADE CIVIL (LIMITADA) NOS ACIDENTES NUCLEARES NO BRASIL: A PROBLEMÁTICA DE UM SISTEMA

Abstract

This paper analyzes the actual system of civil liability for nuclear damage in Brazil, considering the Convention on Early Notification of a Nuclear Accident, the Vienna Convention on civil liability for nuclear damage and the Law 6.453/1977 as well as other sources of legislation applicable to the subject. It starts with the assumption that the system of civil liability for nuclear damage in force in Brazil needs to be revised because it is a system of more than fifty years and has not absorbed the changes consubstantial legal science in this period, especially with regard to human rights and raising the principle of human dignity as the foundation of the Federative Republic of Brazil. In this sense the system in various situations in question admits the damage without a corresponding compensation, or that operates partially. Consider It will also advance the exploration of possibly irreversible nuclear energy extension of the Brazilian energy in the coming decades, while Brazil confirms an international trend of increased use of nuclear energy with peaceful purposes of obtaining electricity, considered the driving force of the current system of consumption and an indispensable means of social and economic development of any nation in the world. That in order to demonstrate the system of civil liability for nuclear damage is compatible with the current growth of the use of nuclear energy, since this is undisputed source of benefits, but also represents a risk to society with regard to the occurrence of nuclear accidents. The methodology used to demonstrate this hypothesis was the analysis of international conventions to which Brazil is a signatory in the field of nuclear energy, the Brazilian legislation, as well as various documents and data relevant to the topic, as well as references.