As modernas formas de imperialismo: perspectivas jurídicas e sociológicas sobre a biopirataria e o colonialismo digital

Abstract

This work intends to analyze the influence of the colonialist ideal, which emerged with the formation of the Modern States, in the institutions and mechanisms of functioning of the contemporary world, especially of law. Considering the formation of modernity as an unnatural phenomenon, created from political and ideological conceptions located in time and space, the study is aimed at understanding the colonial imperialist project and its reinvention and development. From the theoretical insertion in the field of decolonialist studies, mainly with the help of Latin American authors such as Aníbal Quijano and Walter Mignolo, it is intended to study how colonialism, the dark side of modernity, exerts its influence on the international model of organization of the current world. Two phenomena, as mechanisms improved throughout the history of colonialist domination, are represented as the developmental peak of such a social model: biopiracy and the appropriation of personal data, practiced for commercial purposes, aimed at the interests of large capitalist corporations. It is studied how contemporary colonialist metropolises, no longer interested in the physical-geographical domination of territories, act through a supposed epistemological superiority, imposing their way of thinking on the peoples subjugated by them. The research is also dedicated to the investigation of the legal tools currently available for the regulation and restriction of imperialist extractivism, today represented by the removal, export and misuse of natural and informational assets, belonging to populations forcibly placed in the dominated position. In order to make the study viable, a bibliographic review methodology is used to examine academic productions relevant to the theme, in addition to empirical research, in the qualitative modality of the documentary type, in order to analyze the data and information present in the normative instruments. Based on these parameters, it is possible to observe the functioning of contemporary colonialism, while defining the founding structures of our culture, including legal ones.