Aplicação Do Princípio Da Precaução Na Jurisprudência Do Supremo Tribunal Federal E Do Superior Tribunal De Justiça

Abstract

The importance of jurisprudence as a source of law has grown, not least because of the influence of systems based on respect for precedents (common law). This article aims to analyze the application of the precautionary principle by the Brazilian higher courts. The methodology adopted consisted of a jurisprudential search based on keywords and a detailed analysis of the lawsuits that dealt with the issue, judged by the higher courts. The results show that the precautionary principle has been invoked in multiple situations and applied differently between the courts. From the case law of the STF, it can be seen that the Court invokes the precautionary principle when the conditions for its application are present. The case law of the STJ, in turn, has enshrined the precautionary principle as a general principle of environmental law, applicable to multiple situations, in some of which it is confused with the principle of prevention. It was possible to conclude that it is important to know the jurisprudential understanding, especially in cases that involve some degree of elasticity, as is the case with the precautionary principle.