Did You Know That Brazil Has a Law on Access to Genetic Resources, Associated Traditional Knowledge, and Benefit-Sharing?

In effect since November 17, 2015, Law No. 13,123, known as the Biodiversity Law, establishes guidelines for the sustainable use of Brazilian biodiversity and ensures the protection of the rights of traditional peoples and communities. This regulation was further reinforced by Decree No. 8,772, dated May 11, 2016, which details the rules for the law’s implementation.

This legislation plays a central role in all activities involving biodiversity in Brazil. Its main objective is to balance access to genetic resources and traditional knowledge with respect for the rights of the communities that have preserved and used these resources for generations. Moreover, the law defines clear rules for benefit-sharing, ensuring that the profits derived from the use of these resources are fairly shared with local communities.

The Biodiversity Law covers several areas, including scientific research, the development of biotechnological products, and commercial exploration. Any initiative involving Brazilian biodiversity, such as the creation of medicines, cosmetics, food, or new technologies, must comply with legal requirements, including registration in the National System for the Management of Genetic Resources and Associated Traditional Knowledge (SisGen).

Another key highlight is the recognition of associated traditional knowledge. The law protects the knowledge of Indigenous peoples, quilombolas, and other traditional communities, recognizing the importance of these practices for the conservation and sustainable use of natural resources. Furthermore, it ensures that these communities are consulted and that their rights are respected throughout all stages of the process.

The regulation also strengthens Brazil’s commitment to international agreements, such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol, reaffirming the country’s position as a global leader in biodiversity conservation and sustainable resource use.

With its rich biological diversity, Brazil not only protects its genetic heritage but also promotes the inclusion of local communities in sustainable development, ensuring that the benefits of biodiversity are equitably shared.

Sources Consulted:

BRASIL. Lei nº 13.123, de 20 de maio de 2015. Regulamenta o inciso II do § 1º e o § 4º do art. 225 da Constituição Federal; o inciso V do art. 8º e o art. 15 da Convenção sobre Diversidade Biológica; dispõe sobre o acesso ao patrimônio genético, ao conhecimento tradicional associado e sobre a repartição de benefícios para conservação e uso sustentável da biodiversidade. Disponível em: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13123.htm. Acesso em: 23 jan. 2025.

BRASIL. Decreto nº 8.772, de 11 de maio de 2016. Regulamenta a Lei nº 13.123, de 20 de maio de 2015, que dispõe sobre o acesso ao patrimônio genético, ao conhecimento tradicional associado e sobre a repartição de benefícios. Disponível em: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2016/decreto/d8772.htm. Acesso em: 23 jan. 2025.