Políticas públicas como estratégia de proteção à propriedade intelectual e cultural das comunidades indígenas: um caminho para o combate à biopirataria
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Data
2021
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Editor
Universidade Brasil
Resumo
The increasing globalized development of biotechnology propelled international
agreements on intellectual property, promoting the implementation of international
trademarks and patents. In this sense, in the name of biotechnology and without the
creation of effective laws, there is a misappropriation of the knowledge of indigenous
peoples about therapeutic properties and active principles of fauna and flora products,
without supervisory intervention by the Public Administration. This study assumes that
Brazilian public policies to protect traditional peoples and their ancestral cultures are
not effective in combating biopiracy, especially in international transactions. In this
context, this research aims to analyze how these are being applied and what are the
effects on the protection of intellectual and cultural property of indigenous communities
in the face of the practice of biopiracy. This research is based on secondary sources
that starts with an investigation into national public policies, through a literature review
and study of art. The descriptive-deductive method is used in order to analyze the tools
applied to combat biopiracy. The granting and revocation of the patente on Ayahuaska,
a plant from Amazon, by a North American citizen is used as an object of study. In this
sense, the research was carried out from the historical-dialectical perspective that
allowed the understanding and analysis of the current reality and the Brazilian historical
process. As a result, the research shows that to combat biopiracy in Brazil it is
necessary to strengthen the protective legal framework, with the reform of Law
13.123/15, to tipify the crime of biopiracy, in addition to the intensification of inspection
by the Public Administration and the development of public policies focusing on
environmental education based on a theoretical framework which shows the
importance of indigenous traditional knowledge and the intangible cultural heritage that
can be transmited to new generations.
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Palavras-chave
Biodiversidade, Povos indígenas, Patrimônio genético