A Análise da regulamentação do acesso ao patrimônio genético e aos conhecimentos tradicionais associados: a construção normativa sob o enfoque da ciência da legislação

Abstract

In the present work, an analysis is made of the institutes of access to the genetic patrimony and associated traditional knowledge, approaching the norms related to the thematic and evaluating the pertinent questions under the science of the law approach. It is also sought to highlight the aspects that influenced the initial regulation of access to genetic patrimony with MP No. 2052/2000, and its successor to MP No. 2186/2001, as a way to assure to the State the control and the financial return on The use of its biodiversity and also guarantees to the traditional communities holding the associated traditional knowledge accessed. Subsequently, some data and facts relevant to the issue of concessions and assessments made by the Genetic Heritage Management Council (CGEN) regarding access are presented. Finally, an attempt is made to approach the procedure of PL 7735/2014 (Project of law on Access to Biodiversity) in the legislative houses (Chamber of Deputies and Federal Senate) and later its transformation into law 13.123/ 2015 (Law on Access to Patrimony Genetic), implementing a dynamic reading between ex ante and ex post of the current legislation on access to genetic patrimony.