Recursos genéticos e conhecimentos tradicionais associados: aspectos legislativos sobre sua proteção e acesso

Abstract

The access to the genetic resources and to associated traditional knowledge in Brazil is regulated by the Provisional Law 2.186-16/01. The provisional nature of the legislation has remained for more than ten years, and there is not any prediction for a final definitive law. The Genetic Heritage Management Council (CGEN) created by the Provisional Law was initially the unique body responsible for the analysis and issue of licenses for access and collection of all natural heritage and its associated knowledge. This centralization has generated several difficulties for issuing such licenses. The goal of this work is to show how CGEN handles its skills, to offer more readiness to access its components, avoiding usual law impediments. After introducing the main organisms involved, we will analyze mechanisms applied by CGEN to improve the procedures connected with the genetic resources access and the traditional knowledge. In this sense we will adopt a qualifying methodology, surveying the main public organisms web sites, as well as reviewing the bibliography available.

Keywords

• access
• associated traditional knowledge
• genetic resources