{"title":"O PROTOCOLO DE NAGOYA E A REPARTIÇÃO DE BENEFÍCIOS DO ACESSO AO CONHECIMENTO TRADICIONAL ASSOCIADO NO BRASIL","authors":"Letícia Possenti, Gerusa Colombo","doi":"10.36592/9786581110451-69","DOIUrl":null,"url":null,"abstract":"The research deals with the sharing of benefits resulting from access to traditional knowledge associated with biodiversity. The general objective is to verify the i nterna liza tion o f the Nagoya Protocol in the Brazilian legal system, with a focus on distinguishing the origins of t rad i t ional knowledge. In the first stage, the main rights l isted by the Nagoya Protocol are analyzed in relat ion to access and benefit sharing. Then, the concepts of associated traditional knowledge of identified, unidentified and unidentifiable origin are distinguished, according to the Protocol and Brazil ian legislation. Finally, Brazilian legislation is analyzed in the light o f the wo rd i ng o f the Pro tocol wi th regard to the right to share benefits in the event of knowledge of identified, unidentified and unidentifiable origin. The hypothetical-deductive method was used, with a bibl iographic and documentary research procedure, in the Protocol, Law No. 13,123 / 15 and Decree No. 8,772 / 2016. As a result, i t was found that the legislation is partial ly in l ine with the parameters of the Nagoya Protocol, since it leaves ample scope for regulation by the member states. In add i t ion, i t was found that the Protocol does not distinguish between traditional knowledge of iden tif ied , unident if ied and unidentifiable origin. Keyw ords: Biodiversity. Law 13123/15. Nagoya Protocol. Traditional knowledge.","PeriodicalId":135220,"journal":{"name":"Anais da VII Jornada da Rede Interamericana de Direitos Fundamentais e Democracia (2020). Volume I","volume":"21 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Anais da VII Jornada da Rede Interamericana de Direitos Fundamentais e Democracia (2020). Volume I","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36592/9786581110451-69","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The research deals with the sharing of benefits resulting from access to traditional knowledge associated with biodiversity. The general objective is to verify the i nterna liza tion o f the Nagoya Protocol in the Brazilian legal system, with a focus on distinguishing the origins of t rad i t ional knowledge. In the first stage, the main rights l isted by the Nagoya Protocol are analyzed in relat ion to access and benefit sharing. Then, the concepts of associated traditional knowledge of identified, unidentified and unidentifiable origin are distinguished, according to the Protocol and Brazil ian legislation. Finally, Brazilian legislation is analyzed in the light o f the wo rd i ng o f the Pro tocol wi th regard to the right to share benefits in the event of knowledge of identified, unidentified and unidentifiable origin. The hypothetical-deductive method was used, with a bibl iographic and documentary research procedure, in the Protocol, Law No. 13,123 / 15 and Decree No. 8,772 / 2016. As a result, i t was found that the legislation is partial ly in l ine with the parameters of the Nagoya Protocol, since it leaves ample scope for regulation by the member states. In add i t ion, i t was found that the Protocol does not distinguish between traditional knowledge of iden tif ied , unident if ied and unidentifiable origin. Keyw ords: Biodiversity. Law 13123/15. Nagoya Protocol. Traditional knowledge.