Direitos socioambientais dos camponeses: os impactos e as implicações jurídicas da contaminação genética de sementes crioulas por transgênicos
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2024-09-05
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Universidade Federal de Goiás
Resumo
The debate on the protection and preservation of agrobiodiversity is one of the most
important environmental issues today, as the genetic erosion of biological diversity in the
environment increases. The main cause is the violent advance of the commodification and
destruction of natural resources by agroindustrial capital, which imposes a homogeneous
agricultural system through the technological package of transgenic seeds that has an
impact on agricultural biodiversity and the associated sociocultural diversity. A process
in which the State corroborates with instruments of legitimacy, since economic relations
determine legal relations, and in this way, the legal system turns to regulating the
agricultural system of commodity production, granting intellectual property protection to
industrial seeds, while restricting an age-old practice of peasants of saving their seeds for
the next crop. In addition, it leads to the informal production of native seeds by peasants.
The conflict between socio-environmental rights and individual commercial interests
involving seeds is aggravated by the advance of genetic contamination of native seeds,
resulting in losses and damages that go far beyond the issue of production. In this sense,
seeds, which are the heart of agriculture, constitute a territory of conflict and control.
Thus, the research aims to identify the impacts and legal implications on the socioenvironmental rights of peasants in relation to the problem of genetic contamination of
native seeds by transgenic seeds. The methodology adopted for the research was
exploratory-descriptive, using bibliographic and documentary sources to collect
information and data. And as a method of approach, the historical-dialectical materialist
is used, in which the analysis of the historical process of economic and social
development is considered to understand the relations of production that condition the
creation of the current legal-political system. As a result, we identified that native seeds
are essential to guarantee the conservation of agrobiodiversity and food security; the
practice of the Popular Peasant Movement reaffirms the socio-environmental rights of
peasants; that the legislation that aims to regulate the production and commercialization
of seeds is geared towards serving the formal market of industrial seeds and establishes
requirements that are difficult for farmers to achieve; genetic contamination causes direct
harm to farmers of an economic, productive, cultural and legal nature, and also indirect
harm to society as a whole and constitutes a violation of the right of farmers to
biodiversity and the state's duty to protect the Environment with regard to preserving the
integrity of the genetic heritage; and finally, that there are no effective institutional actions
to curb the genetic contamination of Creole seeds, since the coexistence norm is
insufficient and ineffective.
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BRITO, J. S. Direitos socioambientais dos camponeses: os impactos e as implicações jurídicas da contaminação genética de sementes crioulas por transgênicos. 2024. 133 f. Dissertação (Mestrado em Direito Agrário) - Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2024.