Brazilian legislation on genetic heritage harms biodiversity convention goals and threatens basic biology research and education
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Universidade Federal de Minas Gerais
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Beginning in November 2018, Brazilian legislation regulating access to genetic heritage and associated traditional knowledge will cause a bureaucratic collapse of Biodiversity research in Brazil. Law number 13.123/2015 and Decree 8772/2016 impose severe barriers to basic and applied research, and to international cooperation by introducing mandatory registry of research access to native organisms in Brazil. This legal framework was meant to improve governmental control over systems of biotechnology research using genetic material and associated chemical compounds, which are central points of the Nagoya Protocol (CBD 2011) and the Convention on Biological Diversity (CBD 1992, 2012). However, the requirements imposed by the mandatory registry of research in the new National System for Governance of Genetic Heritage and Associated Traditional Knowledge (SisGen), the system of Material Transfer Agreements (MTAs), and the need to record access to organismal data prior to publication of scientific results or exportation of specimens for scientific research are technically impracticable and not part of the Nagoya Protocol or CBD. These systems have already begun to compromise biodiversity studies and training of human resources in biological sciences, which depend on international partnerships. Biological collections and laboratories based in Brazil will cease to function due to the high operational costs and legal impediments affecting access to national biodiversity by foreigners. On the global scenario, Brazilian science will certainly lose competitiveness. If we need to know our planet’s species to protect them, we are certainly not doing enough and governmental bureaucracy in Brazil is certainly not helping. The current legal framework has already begun to compromise biodiversity studies, activities of natural history collections, and international cooperation. Minimally, in compliance with Article 8 of the Nagoya Protocol, Brazilian authorities should exempt non-commercial biodiversity research from unnecessary bureaucratic burden through legal mechanisms equivalent to the former CGen Resolution 21/2006.
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Legislação - Brasil, Biodiversidade, Pesquisa educacional, Variação (Biologia)
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https://www.scielo.br/j/aabc/a/FBKsbzCL3jrGMCrcNX7vNqx/