Desafios para a Proteção Juridica da Sociobiodiversidade: o problema da biopirataria e a ineficácia normativa
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2022-10-10
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Universidade Federal de Goiás
Resumo
This work presents a study of the legislation protecting biodiversity and traditional
knowledge in Brazil, its limits and consequences. The general objective was to
present the context of protecting Brazilian biodiversity in the face of the occurrence of
biopiracy of associated traditional knowledge (CTA), hypothetically made possible by
the insufficiency of current legislation, as well as discussing the reasons for this
insufficiency in preventing or, at least, minimizing this criminal practice, in terms of
CTAs, as well as analyzing the impact of a specific criminal law to address this issue.
As specific objectives, we brought the dynamics of biopiracy in Brazil; the extent of its
occurrence in the Central West Region; the current legislation that protects Brazilian
biodiversity and an analysis of its weaknesses in relation to the containment of
biopiracy. The time frame covered the years 2010 to 2020, with the publication of
Law 13,123/15 as a reference point in an analysis that compared the previous five
years with the 5 years after the said Law came into effect. Comprehensive and
complex thematic area, configured by a network of knowledge such as laws, public
policies and management of environmental and genetic resources as well as
associated traditional knowledge, indicated several issues to be researched and
analyzed, resulting in a serious and difficult study proposal. The path was organized
in steps starting from the definition of the research object and the problem that was
intended to be studied, the search in the specific literature for studies already carried
out on the topic, definition of the most appropriate methodology and the data
collection instrument, to then establish the roadmap and schedule with deadlines for
completing each stage. Qualitative research methodology was used, which is a
research approach that studies subjective aspects of social phenomena and human
behavior that occur in a given time, place and culture. When deepening the study of
the research object, it was necessary to analyze the context of its occurrence as well
as the characteristics of the surrounding society, making it necessary for the
researcher to delve into the places where the social phenomenon analyzed was
recorded and controlled. Collecting data from control bodies was costly, especially
during the Covid-19 pandemic, but it was possible to organize them systematically to
facilitate analysis using the hypothetical-deductive method. The research was then
developed using bibliographic, comparative and deductive methods, taking into
account the nature and specificities of the topic. The time frame had as a reference
the entry into force of Law No. 13,123/2015 which, among other measures, regulates
item II of § 1 and § 4 of the Federal Constitution. The spatial focus was centered on
the Central West Region, which, for the most part, is located in one of the most
important Brazilian biomes, the Cerrado, and part is located in the Amazon biome. It
is expected, at the end of the research, to contribute to the systematization and
analysis of the topic, as well as to discuss the importance of developing specific
criminal legislation to repress biopiracy in Brazil.
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SILVA, Eufrosina Saraiva. Desafios para a proteção juridica da sociobiodiversidade: o problema da biopirataria e a ineficácia normativa. 2022. 169 f. Tese (Doutorado em Biotecnologia e Biodiversidade) - Faculdade de Patologia
Tropical e Saúde Pública, Universidade Federal de Goiás, Goiânia, 2022.