{"title":"STJ AND TRANSGENIC SEEDS","authors":"Eduardo Gonçalves Rocha","doi":"10.18623/rvd.v20.2471-ing","DOIUrl":null,"url":null,"abstract":"In the second half of 2019, the Superior Court of Justice (STJ) made an important decision on the extension of proprietary rights over life: it established that transgenic seeds are patentable and, therefore, charging royalties on them is legal. The judgment was the result of a dispute between Monsanto and rural producers in Rio Grande do Sul. The aim of this article is to analyze this judgment, examining its legal foundations, contradictions and effects. The problem here is: Did the STJ’s decision respect the 1988 Constitution and the legal system it underpins? The findings of Juliana Santilli, Jack Kloppenburg and Pat Mooney are the starting point of the discussion. Methodologically, a contextualization is made about what native seeds are, as well as the risks that the current national and international system of intellectual property imposes on the fundamental right to biodiversity. Finally, the main arguments of the STJ decision and the precedent established by it are analyzed. Finally, it is concluded that the decision of the STJ went against the 1988 Constitution and the Brazilian infralegal system and took an important step towards the privatization of life.","PeriodicalId":42430,"journal":{"name":"Veredas do Direito","volume":"42 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Veredas do Direito","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18623/rvd.v20.2471-ing","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
In the second half of 2019, the Superior Court of Justice (STJ) made an important decision on the extension of proprietary rights over life: it established that transgenic seeds are patentable and, therefore, charging royalties on them is legal. The judgment was the result of a dispute between Monsanto and rural producers in Rio Grande do Sul. The aim of this article is to analyze this judgment, examining its legal foundations, contradictions and effects. The problem here is: Did the STJ’s decision respect the 1988 Constitution and the legal system it underpins? The findings of Juliana Santilli, Jack Kloppenburg and Pat Mooney are the starting point of the discussion. Methodologically, a contextualization is made about what native seeds are, as well as the risks that the current national and international system of intellectual property imposes on the fundamental right to biodiversity. Finally, the main arguments of the STJ decision and the precedent established by it are analyzed. Finally, it is concluded that the decision of the STJ went against the 1988 Constitution and the Brazilian infralegal system and took an important step towards the privatization of life.
2019年下半年,高等法院(STJ)就终身专利权的延长做出了一项重要决定:它确定转基因种子具有专利性,因此对其收取专利费是合法的。该判决是孟山都公司与南里奥格兰德州农村生产者之间纠纷的结果。本文旨在对这一判决进行分析,考察其法律依据、矛盾和效果。这里的问题是:STJ的决定是否尊重1988年宪法及其所支撑的法律体系?Juliana Santilli, Jack Kloppenburg和Pat Mooney的发现是讨论的起点。在方法上,对本地种子是什么以及当前国家和国际知识产权制度对生物多样性基本权利造成的风险进行了背景化。最后,分析了STJ判决的主要论点及其建立的先例。最后,得出的结论是,STJ的决定违反了1988年《宪法》和巴西的非法制度,朝着生活私有化迈出了重要的一步。
期刊介绍:
The Veredas do Direito Journal points out in its subtitle two elements: Environmental Law and Sustainable Development. It directs, therefore, its object of interest precisely for thematics related to the concentration areas of the Graduate Law Program of The Dom Helder Câmara Law School - ESDHC: (1) Environmental Law and (2) Sustainable Development. In this sense, the Journal aims to be the serving instrument of scientific and doctrinal papers devoted to aspects and elements that relate to such matters, especially in Law area. Therefore, it is proposed that the editorial line to be followed by the Veredas do Direito Journal is subdivided into two themes: (I) Law, sustainability and human rights; (II) Law, planning and sustainable development.