A matriz eletronuclear no Brasil proposta de um marco jurídico adequado: natureza de serviço público das atividades do ciclo nuclear e a necessidade de uma entidade reguladora autônoma

Abstract

From a historical comparative analysis of the nuclear issue treatment in Brazil, we sought to understand the constitutional constraints of the normative structure of atomic matter in the current Federal Constitution of 1988 and then embark on a critical analysis of the current institutional framework put - that is earlier the Constitution, but that would have been approved by it. Following this review, attempts to, in the same environment, rebuilding the fabric of a legal minimum for one class of nuclear energy, and examine, to-gether, the nature of the activities of so-called nuclear cycle. Finally, comparing all these data, we seek to demonstrate that the current legal framework is, at least, outdated and does not attend to a broader project of developing and controlling nuclear activities in Brazil. It must also be remembered that due to the nature of a doctorate, became a thematic focus on the nuclear issue, purposely not delving into themes related to civil liability for nuclear damage since it is already subject dealt with enough property for various writings and authors.