Legal implications of shale gas exploration

a discussion on the precautionary principle

Abstract

This article aims to discuss the precautionary principle and its applicability to the risks caused by shale gas exploration in the Presidente Prudente region of São Paulo state, focusing on the necessary legal mechanisms to make the most coherent decision on the subject. This work was developed through bibliographic research, qualitatively addressing the main legal instruments governing the matter, especially regarding environmental issues involving soil and water resources. The results indicated that environmental issues should be analyzed within a federal and state legislative framework where each actor has a clearly defined role, as well as the competence to legislate and adjudicate in each sphere. It concludes that the economic activity of shale gas would jeopardize the region's greatest wealth, its water resources, and even the local economy based on agriculture and livestock.