Seguridad y calidad productiva: de la intervención policial a la gestión de riesgos

Abstract

Due to our technified lifestyle, the shared responsibility between the State and society in order to prevention risks generates a inertia to confer at the private sector some basics aspects of the risk assessment and safety assurance. As a result, the tasks of establishing the level of tolerated or not tolerated risk, checking this fact on a permanent basis and adopting measures in case of imminent danger are carried out by specialized deprived and professionals who really dominate scientific and technical knowledge. These agents have displaced publics authorities of their traditional functions in order to protect quality and safety of industrial and consumer products, relegating them to a supervisory role that basically has the target of ensure the appropriateness and objectivity of those deprived who now assume those functions with a leader rol. In this new context, the law’s principal challenge is rearrange the balance between the general interests and citizens’ rights in connection with the risk management, further enhancing legal guarantees and adapting them where necessary. This determines the orientation of law to become more formal by improving procedural rules, and also more finalist. The result is a model of risk management increasingly autarchic, because the shifting of roles and responsibilities to the private sector involves the assumption of the legal consequences by the new players of risk management.