Do geodireito ao Conselho de Gestão do Patrimônio Genético CGEN: caminhos e instrumentos de gestão do conhecimento biotecnológico na Amazônia

Abstract

The Genetic Heritage Management Council (CGEN), is part of the Brazilian Environment Ministry MMA and was created by the MP 2.186-16 to serve as a deliberative and normative organism, an active voice for the protection of the native genetic patrimony, restoration of the environment and the sustainable use of natural resources. It is comprised of representatives from other Brazilian ministries, entities of the Federal Administration, besides representatives from the civil society and prosecutors. The CGEN is responsible for addressing the following issues: authorization for access to the genetic patrimony and research involving traditional knowledge of native populations, associated with genetic patrimony. In view of the complexity of the demands imposed by CGEN to meet the requirements of the regulatory framework and considering its eight years of existence this work was conducted aiming at assessing the past accomplishments of this council and impacts caused thereby. Additional approaches were carried out to investigate the pathways to be followed to adapt the so called Geodireito to the everyday facts and phenomena related to bioprospection of genetic resources in Brazil as well as exploitation of traditional knowledge of forest peoples. The methodological strategy adopted was based on theoretical and methodological paradigms of scientific research supported by dogmatic and non dogmatic principles provided by the legal system; principles from the positive law and from the nacional and foreign legal doctrines which are rooted on bioethics, anthropology, sociology, geography and mainly on biotechnology principles. Semi-structured interviews and oral testimony besides intensive literature revision were used as research tools for data collection. The ultimate goal of this work was contributing to expand discussions on the ethical and legal limits imposed to the advance of life science researches and to the sustainable exploitation of natural resources in the Amazon