Propriedade intelectual e segurança alimentar: o papel dos agricultores tradicionais na proteção da agrobiodiversidade

Abstract

The objective of this work is to articulate the intellectual property of fitogenetic resources, their effects on food security, agrobiodiversity and the participation of traditional farmers in the food production chain, through the analysis of the legislation on access to traditional knowledge and genetic resources, in particular the Law No. 13,123/2015 (Biodiversity Law). In a first moment, the approach to the theme begins by bringing the legislation on access to the National Genetic Heritage and the use of Genetically Modified Organisms (GMO) in the context of protecting Brazilian Biosafety. It also addresses Food Security, the concept and historical evolution of its legislation and public policies, the constitutionalization of the right to adequate food and the importance of valuing the work of the traditional farmer, by using the agricultural variety of the rural environment The second chapter addresses the Farmer’s Law, the seed market and the evolution of the private appropriation of fitogenetic resources. National legislation on seeds and cultivars is analyzed, its impact on traditional agriculture and the use of native seeds, understanding them as the basis of local agricultural systems, whose use depends on the conservation of agrobiodiversity and its associated traditional knowledge. In the third chapter, the differences between economic models based on intellectual property and those based on traditional knowledge are discussed, respecting the sociocultural characteristics of traditional farmers, such as the Seed Banks. At the end, an analysis is made of the legislation on access to traditional knowledge and genetic resources, Law no 13.123/2015, verifying the difficulties in implementing a benefit sharing model based on the traditional model of ownership, since the vast majority of local producers and traditional communities is organized in a communitarian/associative way. The conclusion is that, despite advancing in some topics regarding the reduction of bureaucracy in access to traditional knowledge and genetic heritage for scientific research purposes, the current legal framework is still far from representing a recognition of the importance that is due to traditional agriculture in the food production and security scenario.