The judicial debate about mobile phone radiation and masts in Brazil: protection by the state against the state?

Abstract

This article analyzes judicial conflicts between telecommunications and environmental regulation concerning mobile telephony in Brazil, in comparison to some international cases. The English case shows how some studies led to a wave of protests against the installation of masts. The Brazilian debate regarding health risks entwines concerns about the environment and urban aesthetics. Therefore, judicial conflicts oppose the regulatory agency against municipalities or even state environmental protection bodies. The article encompasses the debate in the social theory regarding the risks posed by technologies and a description of Brazilian cases to compare them. The article concludes that the issue of the risks and their impact on Brazilian social life does not attract local community involvement and action. The Brazilian conflicts evolved similarly to the Italian situation and differently to the cases of the United Kingdom and the United States.