CONSUMER LAW TO INFORMATION AND NANOTECHNOLOGIES: THE NEW HYPERVULNERABLES

Abstract

This paper aims to examine the supplier's duty to inform consumers about the risks that consumers are in contact with products developed from nanoparticles and to analyze if nanoconsumers are hypervulnerable, linked to their own consumption, or if they are facing a new kind of hypervulnerability, linked to a category not yet specified by the doctrine. It investigates the quality and sufficiency of information passed on to consumers through the study of the right to information (article 6, II, of the CDC) as a tool for empowering consumers in relation to consumer market risks and their presumed condition of vulnerability and hypervulnerability. the unpredictable risks of the nanoconsumer; health and safety protection; and the effectiveness of the national policy of consumer relations provided for in art. 4th of the CDC. Complex knowledge is sought through information in other areas of the humanities - such as health, education, engineering, science and technology - using the deductive and inductive method (focusing on bibliographic research based on national and international theoretical references). In order to conclude that, given the lack of clear and objective information on the possible risks to the health and safety of consumers of products manufactured from nanoparticles, the 4th dimension constitutional principle and the consumerist right to information. In addition, in the absence of clarifications, information and guidance from the members of the National Consumer Protection System (SNDC), the Brazilian consumer is in a situation of hypervulnerability, which is inserted in a condition of a priori fragility due to the unpredictability of risks arising from the management of nanotechnology, inherent to the postmodern societal environment.