Agrobiodiversidade, sementes crioulas e contaminação genética: caminhos jurídicos e institucionais para uma proteção estrutural

Abstract

This study analyzes the contemporary legal challenges arising from the genetic contamination of landrace seeds by genetically modified organisms (GMOs), through the lens of strict liability and the integral risk theory in Brazilian environmental law. The focus lies on state omission and the inefficacy of public policies aimed at protecting traditional agricultural genetic heritage. The central hypothesis investigates whether the current Brazilian legal framework is capable of addressing the diffuse and irreversible risks associated with biotechnology, especially in contexts marked by socio-environmental inequality. It is argued that the absence of specific regulations weakens prevention, compensation, and accountability mechanisms, demanding a new regulatory paradigm grounded in the principles of precaution and environmental justice. The qualitative methodology employed allowed for the analysis of constitutional provisions, statutory laws, judicial decisions, and doctrinal sources, with special emphasis on the theoretical framework of the risk society. The study proposes structural and judicial measures as means to ensure the effective protection of landrace seeds and food sovereignty.