Biodiversidade e repartição de benefícios: o combate à biopirataria no contexto pós-nagoya brasileiro

Abstract

The issue related to the protection of the biodiversity resources and the associated traditional knowledge of the properties and uses of these resources, which are the basis of the preservation of the immaterial cultural and biological human property, came to light, mainly, from a social and an environmental crisis. From the technical-scientific-informative development, even more with the progress of biotechnology, the worrying phenomenon of biopiracy took place, which has been discussed on many international and national forums. This work consists of the study about the complex problem of the biodiversity access and the equitable sharing benefits from the utilization of natural genetic resources, from questioning the effectiveness of the main legal instruments that aim to protect biodiversity and traditional knowledge associated with genetic resources, with a focus on the Provisional Measure nº 2186-16/01 and on the Nagoya Protocol, casting doubt on them in face of some emblematic cases of biopiracy in Brazil. It is also proposed to elucidate the difficulties concerning the implementation of the Aichi Targets and Brazilian strategic plan for the fulfillment of coordinated actions for the biopiracy combat, investigating what normative and political measures could be more effective for this purpose. The methodology used to develop this research is exploratory, descriptive and essentially bibliographic. It would appear that not only the Nagoya Protocol but also the establishment of a plan of action are sufficient measures for the biopiracy combat. It was noted the importance of establishing a new regulatory framework, clearer and more consistent, with the precepts of the legislative instrument in reference, about the rules on access to biodiversity, the cooperation of developed countries for financial support, which should be properly stimulated, and the conducting of political approaches to encourage dialogue for biodiplomacy, into the sustainable development precepts.