O princípio da precaução e a exploração do gás xisto (folhelho) na região de Presidente Prudente

Abstract

With the source of fossil energy in the hands of a few countries - usually adept at totalitarian regimes - and increasingly scarce, a new source of fossil energy emerged that had not been exploited until then, the shale gas. This resulted in a competitive price in fuel production due to the technology applied, the fracking added to the large fuel reserves. Extraction is economically advantageous, however, this pipeline can result in severe environmental damage. The objective of this work is to discuss the necessity of its exploitation, opposing the eminent risks supposedly caused. The Precautionary Principle was approached, verifying its necessary mechanisms for activating the Judiciary, and also the real need for exploitation by means of the new technologies present. The work questions: How the constitutional principle of precaution is established and its applicability with respect to the extraction of shale gas? What are the environmental consequences of its extraction in the region of Presidente Prudente - SP? The present work was developed through bibliographic researches, approaching qualitatively the main legal instruments that govern the subject, especially regarding environmental issues involving soils and water resources. The results pointed out that environmental issues must be analyzed within a federal and state legislative framework in which each actor clearly has its role well delimited, as well as its competence to legislate and jurisdiction in each sphere. It is up to the States to legislate in a more specific way regarding their environmental aspects and in relation to other issues inherent to the sector. In the case of the municipality of Presidente Prudente it became clear that the economic activity of the leaf gas would put at risk the region's greatest wealth, its water resources, and even the local economy: the region has a large part of its economy based on agriculture and livestock. One can also conclude that the known risks, such as the risk to water resources, while other effects remained as doubts are sufficient to address the doubt that the precautionary principle can be applied, also concludes that in the face of the imminent search for clean and renewable energy, coupled with the arrival of electric cars would reduce the demand for fossil fuel not justifying the extraction of leaf gas both environmentally and commercially.