Direitos dos agricultores e conservação da agrobiodiversidade da mandioca (Manihot esculenta crantz) e do guaraná (Paullinia cupana H.B.K)

Abstract

The conservation of agrobiodiversity is extremely important for ensuring the food security of humankind, including traditional family farmers. Thus, it provides most of the biological resources for the well-being of all. Thereby, farmers are true guardians of agricultural diversity because they play a key role in maintaining agroecosystems. Therefore, Farmers' Rights – FR must be recognized, rewarded and supported for their relentless contribution and participation in the development of commercial plant varieties. Moreover, FR must be guaranteed by policies for the conservation and sustainable use of agrobiodiversity. In contrast, multilateral treaties, through the measures they propose, should be key elements in protecting the FR to access and share the benefits derived from the use of plant genetic resources for food and agriculture. The present work aimed to evaluate the multilateral and national legal and administrative mechanisms for the protection of FR regarding the sharing of benefits generated by access to genetic resources and their implications for the conservation of agrobiodiversity. In contrast, multilateral treaties, through the measures they propose, should be key elements in protecting the FR to access and benefit-sharing derived from the use of plant genetic resources for food and agriculture. The present work aimed to evaluate the multilateral and national legal and administrative mechanisms for the protection of FR regarding the benefit sharing generated by the access to genetic heritage and its implications for the conservation of agrobiodiversity. The work was based on bibliographic and documentary research with the objective of analyzing information related to the conservation of agrobiodiversity, access and benefit sharing and protection of property rights of species and biotechnological processes associated with manioc (Manihot esculenta CRANTZ) and guarana (Paulinnia cupana...). Analyses of official documents on standards, treaties, decrees and regulations (FAO, UPOV, CBD, TRIPS) were made, which enables the understanding of the constitutive elements of the system of conservation of agrobiodiversity (patents, cultivars law, germplasm banks, plant genetic resources). Therefore, the international regimes as evaluated do not ensure the FR, but propose legal mechanisms (Treaty, Decree, Resolutions) for the national states to make decisions to implement the FR according to the needs of the country. Through the analysis of sets of documents, it was observed that the Brazilian legislation is insufficient to ensure the FR regarding the sharing of benefits derived from the genetic heritage of plants (Cassava and Guarana). This may prevent traditional farmers from being recognized and valued as keepers of this genetic heritage. Thus, we conclude that the Brazilian State and the RD&I organizations should take drastic measures, i.e., revise the laws that regulate the FR, and at the same time, which will enable the real participation of farmers in the decision making that concern them. Moreover, Brazil, as a signatory country of the FAO treaty and the UPOV convention, should implement the FR according to the reality of the country.