O acesso à biodiversidade brasileira: as principais medidas no combate à biopirataria pós-Nagoya

Abstract

Biodiversity and traditional knowledge associated with it can be considered as one of the greatest riches of a country, then there is a real need to ensure their protection, because it depends on human existence. However with technological development mainly in developed countries and the global economic crisis became increasingly perceptible the economic importance of biodiverse resources. But access to biodiversity does not always happen in a legitimate way, what caused the emergence of biopiracy. The present study aims to examine access to biodiversity and equitable sharing of benefits associated with it, and the consequences of biopiracy brings to society especially to the environment. Was analyzed some of the key mechanisms to combat biopiracy as the Convention on Biological Diversity, the Federal Constitution of Brazil, the Provisional Measure 2.186-16/01, some state laws, and the main focus being the Nagoya Protocol analyzing their contributions to the fight against biopiracy, also analyzing the fulfillment of Aichi Targets that is proving increasingly difficult due to economic crisis and lack of consensus among countries. And finally will make a brief study of some of the many cases of biopiracy who happened in Brazil, where it notes that there is little legislation on biopiracy has shown ineffective in protecting biodiversity. The methodology used to develop this research is exploratory in nature, and essentially descriptive literature available in books, websites, articles, magazines and newspapers of notable recognition scientific. It is Noted that although the Nagoya Protocol has brought many advances, it is not enough to combat biopiracy, is very important the institution of a law that ensures the fulfillment the precepts of the protocol on access to biodiversity and the equitable sharing of benefits and regulating the crime of biopiracy, and also denotes the need to stimulate cooperation between countries in order to have financial support from developed countries for biodiversity conservation.