A remessa ao exterior do patrimônio genético brasileiro

Abstract

Transference to Abroad is the transfer of responsibility over a national biodiversity sample to a foreign institution and it is inserted in the international context of the Access and Sharing of Benefits, established by the Convention on Biological Diversity in 1992. This study questions how the legal institute, created by Law 13.123/2015, operates and if its operationalization ensures the traceability of the transfer of Genetic Heritage. Using the case study method, it seeks to describe and analyze how that law is applied from three units of analysis. The first unit is the sample of the contractual document for the Term of Transfer of Material prepared by the Council of Genetic Heritage based on Resolution Nº12. The second unit of analysis consists of the public database made available by the National Genetic Heritage Management System. Finally, the third unit of analysis corresponds to the data obtained from the Access to Information Law. In the present case study, the delimitation of the legal institute for Transference to Abroad based on the collected data allows an understanding of the factors that fall within the context of the application of Law 13.123/2015 and of the conformity of international legislation on Access and Sharing of Benefits.