Contenido del principio precautorio frente al riesgo a la vulneración del derecho a un ambiente sano y sus contrastes con los principios de prevención e in dubiopro natura

The work aims to explain the content of the precautionary principle, based on inductive, descriptive, and explanatory research, using dogmatic, systematic and analytical methods. It is hypothesized that (lie precautionary principle finds its application justified in the face of the possible materialization of risks in the form of serious and irreversible damage, in such a way that scientific uncertainty does not allow an acceptable level of safety to be established. First, scientific uncertainty is analyzed as a distinguishing element of the precautionary principle, differentiating it from the preventive principle and in dubio pro natura. Subsequently, its function and possible framework of application are discussed in more detail. Finally, it is concluded that the precautionary principle finds its basis in the multiplication of risks and the deepening of damage to an intergenerational dimension, as in the case of environmental damage. It is concluded that the precautionary principle is distinguished from in dubio pro natura by its specific field of action concerning risks that are scientifically uncertain and can generate serious and irreversible damage. The present research offers arguments regarding the contours of the application of the precautionary principle and its correlation with others, based on harm and risk analysis. On the other hand, it is acknowledged that the lack of damage in the application of the precautionary principle has caused the doctrine to place it, generally, outside the civil liability scheme. This means that further research can be carried out on the relationship between the precautionary principle and civil liability.