O marco legal da biodiversidade do Brasil e a violação dos direitos dos povos tradicionais

Abstract

This study questions the configuration of the rights of traditional peoples and communities during the legislative process which resulted in Law No. 13123, of 20 May 2015. The hypothesis adopted is that the rights of traditional peoples and communities were reduced and that the legislative process did not incorporate their demands. Non official manifestations were gathered as indicative of traditional people’s agenda, as well as official documents which indicate the biased result of Bill N º 7735 of 2015 throughout the legislative procedure and the text of Provisional measure No. 2186-16, of 23 August 2001, in force until that time. The data was collated and analyzed following an analytical induction methodological approach, a theory based on data and the analysis of documents. The historical contextualization and the discussion of the results were underpinned by a revision of the literature. It was observed that the demands in theses manifestations had very little influence on the text of the Biodiversity Benchmark, in which their rights were drastically reduced, to a similar degree that the requisites demanded of the users of genetic heritage and associated traditional knowledge were made practically non-existent, thus confirming the hypothesis.