Desafios para a Proteção Juridica da Sociobiodiversidade: o problema da biopirataria e a ineficácia normativa

Abstract

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.