The legal framework of biodiversity and its application in regularization of activities with the use of brazilian genetic heritage

AutorGesil Sampaio Amarante Segundo - Luciana Nalim Silva Menuchi - Marcos Rodrigo Trindade Pinheiro Menuchi - Carla Martins Kaneto - Carla Martins Kaneto
CargoState University of Santa Cruz - UESC, Full Professor, Professor of the Master's Program in Intellectual Property and Technology Transfer for Innovation - PROFNIT Email: gsamarante@uesc.br - State University of Santa Cruz - UESC, lawyer, Graduate Sub-manager, student of the Master's Program in Intellectual Property and Technology Transfer for ...
Páginas297-325
297
Veredas do Direito, Belo Horizonte, v.15 n.32 p.297-325 Maio/Agosto de 2018
Gesil Sampaio Amarante Segundo
State University of Santa Cruz - UESC, Full Professor, Professor of the Master’s Program in
Intellectual Property and Technology Transfer for Innovation - PROFNIT
Email: gsamarante@uesc. br
Luciana Nalim Silva Menuchi
State University of Santa Cruz - UESC, lawyer, Graduate Sub-manager, student of the
Master’s Program in Intellectual Property and Technology
Transfer for Innovation - PROFNIT.
Email: lnsmenuchi@uesc. br
THE LEGAL FRAMEWORK OF BIODIVERSITY
AND ITS APPLICATION IN REGULARIZATION
OF ACTIVITIES WITH THE USE OF BRAZILIAN
GENETIC HERITAGE
http://dx.doi.org/10.18623/rvd.v15i32.1268
Marcos Rodrigo Trindade Pinheiro Menuchi
State University of Santa Cruz - UESC, associate professor of the
Department of Health Sciences.
Email: mrtpmenuchi@uesc. br
Carla Martins Kaneto
State University of Santa Cruz - UESC, Adjunct Professor, Department of Biology.
Email: carlakaneto@gmail. com
ABSTRACT
The Brazilian genetic heritage, object of world-renowned interest, had
its use and protection regulated by Provisional Measure (MP) nº 2. 186-
16/2001. After more than 15 years of validity, the MP was repealed by Law
13,123/2015, which, together with Decree No. 8,772/2016, presented new
procedures for the economic use and exploitation of the national genetic
heritage and associated traditional knowledge. The Legal Framework for
Biodiversity (MLB), as the existing legal system became known, brought
in its transitional provisions mandatory activity adjustment procedures
for those who used the national biota under the PM without observing
the procedures imposed at the time. The transitional provisions must be
complied with by national and international users, within a period of one
THE LEGAL FRAMEWORK OF BIODIVERSITY AND ITS APPLICATION IN REGULARIZATION OF ACTIVITIES...
298 Veredas do Direito, Belo Horizonte, v.15 n.32 p.297-325 Maio/Agosto de 2018
year, as of November 6, 2017, under penalty of applying penalties to the
researcher and institution to which he is bound and also to the importer
of products manufactured abroad with the use of genetic heritage and
traditional Brazilian knowledge. Faced with this new legislative demand,
this study aimed to interpret the legal norms and systematically present
the procedures to be adopted by the users, in order to comply with the
transitional norms of the MLB.
Keywords: Genetic heritage; Law nº 13,123/2015; Biodiversity; Legal
Framework for Biodiversity.
THE BIODIVERSITY LEGAL FRAMEWORK AND THE
ENFORCEMENT TO REGULARIZE ACTIVITIES WITH BRAZILIAN
GENETIC HERITAGE
ABSTRACT
The Brazilian genetic heritage, object of world-renowned interest, had its
use and protection regulated by the Provisional Measure (PM) nº 2. 186-
16/2001. After nearly 15 years of validity, this PM was substituted by the
Law number 13,123 of 2015, which, together with the Decree 8,772/2016,
introduced new procedures for the use and the economic exploitation of the
national genetic heritage and the traditional knowledge associated to the
genetic heritage. The Legal Framework for Biodiversity (LFB), this legal
set of instruments became known, brought into its transitional provisions
mandatory activity adjustment procedures for those who have accessed
the national biota by the time of the validity of MP 2. 186-16/2001 and
have failed observing its procedures. The transitional provisions must be
complied with by national and international users, within a period of one
year from November 6, 2017, only to avoid penalties to the researcher, the
institution and even to the importer of manufactured products made abroad
with the use of genetic heritage and traditional Brazilian knowledge. In
view of this new regulation, the present study has interpreted the norms
and systematically presented the procedures to be adopted by the users, in
order to comply with the transitional norms of the LFB.
Keywords: Genetic heritage; Law #13,123/2015; Biodiversity; Legal
Framework for Biodiversity.

Para continuar a ler

PEÇA SUA AVALIAÇÃO

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT