Prova scientifica e processi d’amianto

[Autom. eng. transl.] Starting from the evolution of scientific awareness of the dangerousness of asbestos and the carcinogenesis mechanisms of pleural mesothelioma, the work focuses, first of all, on the extraordinary complexity of ascertaining the causal link that, in the recent practice of processes for occupational exposure to asbestos is often a decisive issue. In this context, the problem of the differential diagnosis of mesothelioma is tackled as well as the crucial issue of the demonstration of particularistic causality in the cases of succession of guarantors and in the rarer hypotheses of uniqueness of the employment relationship. The reflection continues by analyzing, in a critical sense, the methodological approach of majority jurisprudence which, assuming the perspective of zero risk and maximum precaution, jeopardizes the correct reconstruction of the precautionary paradigm and consequently vitiates the judgment regarding the negligent charge. The extreme difficulty of arriving at evidence that complies with the canons of criminal proceedings leads, finally, to denounce the obstinate tendency of our country to entrust the protection of asbestos victims to the criminal law of events.