O NOVO MARCO LEGAL DA BIODIVERSIDADE E AS DIRETRIZES PARA A REPARTIÇÃO DE BENEFÍCIOS NO ACESSO AO CONHECIMENTO TRADICIONAL ASSOCIADO.

Abstract

This study is to show the sharing of benefits due to access to traditional knowledge associated with genetic resources, after Law 13.123, of May 20, 2015, known as the New legal Mark of Biodiversity. The international growth of the issues related to the theme and situation of Brazil as a country holder of relevant biodiversity, justify the study done. It was intended to verify if the new standard promotes the sharing of benefits between providers and users in a fair and equitable manner as stipulated in the Convention on Biological Diversity and the Nagoya Protocol. To achieve this goal we initially approached the international Biodiversity protection idea. Protection brought unsuccessfully by means of intellectual property rights. Necessarily we refer to the DBC determinations and the Nagoya Protocol, world icons of biodiversity protection. Taking up the issue on the national scene we list the provisions of national law, facing the main problems of the regulation in force until the approval of the new law. We discuss some cases of disrespect of the law by companies using traditional knowledge associated to the detriment of indigenous peoples, communities and traditional farmers. Finally, we analyze the provisions of the new law, especially the items focused on allocation of benefits, being possible to conclude, by the lack of legitimacy and effectiveness of the law, as regards the sharing of benefits.