A biopirataria no novo Estatuto da Biodiversidade

Abstract

The present monographic work seeks to discuss and reflect on Biopiracy, a plundering practice of Brazilian biodiversity, ie, taken from biological species or associated traditional knowledge, for research and product or technology development, without due observation of conscious use. of the environment, its protection and its conservation, under the mandate of the Brazilian Federal Constitution recommended in art. 225 of the current major letter. From the perspective of bibliographic and documentary review research, the scope of understanding and criticality of the biopiracy phenomenon was sought. In relation to its objectives, the present research was based on the descriptive approach of the phenomenon and, expanding its range of information under the advent of exploratory research. Law No. 13,123 / 2015, the regulatory framework for access to biological heritage and access to associated traditional knowledge, was analyzed, comparing it with practices concerning biopiracy, in order to undertake how this novel normative diploma treats it. It also analyzed Biodiversity Law Regulatory Decree No. 8.772 / 2016, again confronting it, with harmful practices of biopiracy, to understand how this illegal exploitation of natural resources is countered. The law and decree were analyzed as an instrument for the protection of genetic heritage and traditional knowledge in order to prevent people and international conglomerates from illegally appropriating these resources. That said, the analysis took place from the perspective of the Convention on Biological Diversity - ECO 92 - based on the protection, conservation and fair and equitable sharing of benefits, along with other related legal texts, such as the law on environmental crimes. . The work reflected the environment, its constitutionalization, biodiversity, biopiracy and legislative innovations in comparison with the old law that disciplined the subject and the exhaustive absence in the approach of biopiracy to make this fight more coherent and effective. The novel normatization still lacks adjustments to better prevent and punish those who insist on the practice of plundering genetic heritage and associated traditional knowledge, counteracting the plan and typifying this conduct in national legislation.