FUNDAMENTAR A INCERTEZA: O PRINCÍPIO DA PRECAUÇÃO NA REGULAÇÃO DE SUPLEMENTOS ALIMENTARES E SEUS LIMITES EPISTÊMICOS

In the regulation of food supplements, a context marked by scientific uncertainty necessitates the Precautionary Principle (PP) as a crucial yet intricate decision-making tool for potential risks. This article posits that the PP is not a directly ponderable legal principle, but rather a “metanorm” or “second-degree norm” that guides the application of other principles in situations of radical uncertainty and the risk of severe or irreversible harm to health and the environment. This viewpoint critically assesses the rationality of balancing in uncertain scenarios and explores the limitations of the consequentialist approach, bolstered by the reform of the Law of Introduction to the Norms of Brazilian Law (LINDB) , which, without the proper qualification of precaution, may overlook unquantifiable dangers. The conclusion drawn is that the PP’s application demands clarity, well-defined criteria, and proportionality to avert regulatory paralysis or arbitrary prohibitions, thereby balancing the protection of human health and the environment with development and innovation.