Analysis of legal responsibility for natural radioactive anomaly in the wild semi-arid region of Pernambuco

Naldicea Cunha Fernandes, Lívia de Souza Alexandre, Walkyria Carvalho, Cleomacio Miguel da Silva

Law, Nuclear Law, Radioactive ores, Radioecology

High concentrations of uranium-238 (238U) and thorium-232 (232Th) were found in rocks of the natural radioactive anomaly existing in the cities of Pedra and Venturosa located in the State of Pernambuco. The studies were carried out in a technical partnership between the former company NUCLEBRÁS and CPRM, in 1975. After exhaustive prospecting studies, the anomaly was considered economically unfeasible for mining. Although the anomaly was considered economically unviable, the inhabitants of the municipalities of Pedra and Venturosa are subject to high levels of natural radiation. In Brazil, the exploration of radioactive ores is the responsibility of the Union, and the National Nuclear Energy Commission (CNEN) is responsible for the management of such resources, with the Nuclear Industries of Brazil (INB) being responsible for mining activities. In CNEN regulations there are no radiological protection measures that must be adopted in the case of natural radioactive anomalies considered economically unfeasible. Thus, and within this context, the present study aimed to research, within the scope of Brazilian legislation, the legal responsibility for the natural radioactive anomaly of the cities of Pedra and Venturosa. For that, a bibliographic review search was used in the specialized literature. The results obtained showed that, legally, CNEN is responsible for the natural radioactive anomaly located between the cities of Pedra and Venturosa, and, therefore, it must adopt mitigation measures of radiological protection in the area where the anomaly is located.

Received: 2 Oct 2020; Received in revised form: 10 Nov 2020; Accepted: 15 Nov 2020; Available online: 18 Nov 2020

10.22161/ijaers.711.18