Biodiversity Law: Weaknesses in Fighting Biopiracy of Indigenous Traditional Knowledge

Biopiracy is the illegal practice of appropriating biological resources and associated traditional knowledge, which causes economic and environmental damage to the country. In this context, this research aims to analyze the Brazilian Biodiversity Law, which provides guides for access to genetic heritage and associated traditional knowledge of indigenous communities, highlighting the effects on the protection of intellectual property of these peoples in the face of biopiracy. The descriptive - deductive method was used to understand the main controversial points of the law. The study is focused in emphasis on current legislation. Thus, the research concludes that the Brazilian Biodiversity Law do not offer the necessary security to guarantee the protection of indigenous communities in the following aspects: it did not typify the crime of biopiracy; created confusing rules on benefit - sharing; established a system of identification of traditional knowledge, determined a gradation of administrative sanctions. A reform of Law 13.123/15 seems to be necessary to achieve the intended protection.