How are legal matters related to the access of traditional knowledge being considered in the scope of ethnobotany publications in Brazil?

Abstract

Legal measures, such as the use of free or prior and informed consent, return of research results to communities (which can be understood as “sharing of benefits,” according to Brazilian legislation), and research authorization by governmental bodies, are mentioned and regulated in various documents, either governmental or specific, within the area of ethnobiology. This study aims to explore how these matters are considered in the scope of published ethnobotany articles in Brazil, as well as whether the creation of the Provisional Measure 2.186-16/2001 has contributed to the national advance of these matters. The methodology comprised a literature review of articles focusing on medicinal and food plant resources in the prominent Brazilian journals which publish ethnobotany studies. From 137 articles analyzed, 8 mentioned the return of research results to the community; 21 explicitly cited the use of free or prior and informed consent; and 13 mentioned the authorization of governmental bodies. We expect that the present study will contribute to the debate regarding the necessity of reformulation of the current system, which would guarantee a more effective rapport between the government, researchers, local communities, and society and contribute to the development of ethnobotany in Brazil.