Benefits of biodiversity for traditional communities: Do the new legislation sustain it?

Abstract

The knowledge of hundreds of traditional Brazilian communities about the use of native plants and animals as well as the country’s biodiversity attracts biopiracy. These resources are being exploited by companies for the manufacture of medicines, foods, chemicals and cosmetics. In 2015 Brazil sanctioned the New Biodiversity Law, Law No. 13,123 / 2015. Is the benefit sharing for the ‘quilombola’ communities (ex-slave communites) guaranteed by this New Law? The article aims to analyze this law, checking if there have been advances in relation to the previous legislation, Provisional Measure No. 2.186-16 / 2001. The research, based on literature review, had a bibliographic and exploratory character. In addition to the review, a questionnaire with semi-structured questions was sent to 30 ‘quilombola’ communities, but only two of them answered, making it impossible to ascertain whether this law meets the aspirations of these communities with regard to benefit sharing. The study concluded that, despite bringing innovations, the New Biodiversity Law does not prevent biopiracy from continuing.