2022-12-022022-12-022021https://repositorioacademico.universidadebrasil.edu.br/handle/123456789/382The 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.PDFpt-BRopenAccessBiodiversidadePovos indígenasPatrimônio genéticomasterThesisCB