The Legal Framework of Biodiversity and its application in regularization of activities with the use of Brazilian genetic heritage

Abstract

The Brazilian genetic heritage, object of world-renowned interest, had its use and protection regulated by Provisional Measure (MP) nº2. 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 After more than 15 years of validity, the MP was repealed by Law 13,123/2015, which, together with Decree No. 8,772/2016, presented new procedures for the economic use and exploitation of the national genetic heritage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 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.