O dever das empresas e a poluição marinha plástica

Abstract

Aiming to deal with marine plastic pollution, scientist try to develop technologies to reduce the use of plastic or remove it from nature, which is called by a ex post perspective. Since the fundamental right to an environment ecologically balanced from Brazilian Constitution of 1988 demand actions from all society, this article intent to analyze if Brazilian companies that use plastics in their products or services have the fundamental duty to employ technologies in order to mitigate the marine plastic pollution through a ex post perspective, which means removing the plastic from the oceans. From a deductive methodology, the research is grounded by a study case of the non-governmental organization The Ocean Cleanup, that cleans the Great Pacific Garbage Patch with a new model of technology. The article innovates as it approaches the duty to employ new technologies from the critics made by the technological solutionism. In the end, it was concluded that the companies have the legal duty to contribute to the ocean cleaning and its implementation may occur through different ways, whereas the principle of proportionality must be respected.