OS IMPACTOS DA LEI DE BIODIVERSIDADE NA PESQUISA

Abstract

Brazil in the year 2015 approved the law 13123/2015 which provides for access to genetic heritage, protection and access to associated traditional knowledge, as well as the sharing of benefits for conservation and sustainable use of biodiversity. Law 13123/2015 revoked Provisional Measure 2,186-16 of August 23, 2001, which for fifteen years was the legal framework of the matter. The law appears as an attempt to simplify procedures for research and PIDCC, Aracaju/Se, Ano IX, Volume 01 nº 02, p.026-042 Junho/2020 | www.pidcc.com.br OS IMPACTOS DA LEI DE BIODIVERSIDADE NA PESQUISA E-ISSN: 2316-8080 28 development of technologies using biodiversity in the country. In this sense, the scope of this article is the analysis of the Brazilian biodiversity law, particularly with regard to the bureaucratic obstacles created to science by SisGen, which is the National System for the Management of Genetic Heritage and Associated Traditional Knowledge. Some alternatives to mitigate the impacts caused to science and technological development by the new legislation are being discussed in the political, business and academic spheres, and it is certain that the discussions in the thematic chambers are undoubtedly the most efficient way of interpreting the concepts, as well as constituting a true body for approximation and conciliation of the proposals of the sectors involved. The methodology to be used is descriptive and exploratory research, based on literature, case studies, historical analysis, interviews with researchers and other users of the System who are knowledgeable on the subject. The balanced and parity construction of the interpretation referring to the law 13.123/2015, duly articulated for a greater effectiveness to the protection of the genetic patrimony and for a greater legal security of the users should be the main focus of the actors involved in the effectiveness of this legal framework of biodiversity.