Biopolitics and the issue of biopiracy: the right of traditional peoples to benefit sharing

Abstract

The general objective of this study was to verify if the Brazilian Government defends the right of traditional peoples and communities to benefit sharing and if it acts effectively in the fight against biopiracy. The methodology used was the deductive method, having as sources of consultation books, doctrines, articles and legislation. After the research, it can be concluded that, despite the country having a comprehensive law on national biodiversity, with a chapter dedicated to benefit-sharing, it is not able to effectively defend the rights of traditional peoples and communities, nor to fight biopiracy. An important fact is that biopiracy is not yet typified in Brazilian law, which ends up making it easier for this crime to continue happening. It is necessary for the legislator to typify this crime, which encompasses several spheres of law, being an environmental crime, against traditional peoples and communities and those of the Lesa Patria. Therefore, adjustments to the Law are necessary so that it becomes capable of effectively protecting traditional peoples and communities from economic-scientific exploitation, and protecting biodiversity, the economy and national sovereignty.

DOI:  10.56238/homeinternationalanais-055