How are legal matters related to the access of traditional knowledge being considered in the scope of ethnobotany publications in Brazil?

Heitor Suriano Nascimento Liporacci,Tatiana Mota Miranda,Natalia Hanazaki,Nivaldo Peroni

doi:10.1590/0102-33062014abb0007

Heitor Suriano Nascimento Liporacci, Tatiana Mota Miranda + Show 2 more

Open Access

https://doi.org/10.1590/0102-33062014abb0007

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Abstract

Legal measures, such as the use of free or prior and informed consent, return of research results to communities (which can be understood as sharing of benefits, according to Brazilian legislation), and research authorization by governmental bodies, are mentioned and regulated in various documents, either governmental or specific, within the area of ethnobiology. This study aims to explore how these matters are considered in the scope of published ethnobotany articles in Brazil, as well as whether the creation of the Provisional Measure 2.186-16/2001 has contributed to the national advance of these matters. The methodology comprised a literature review of articles focusing on medicinal and food plant resources in the prominent Brazilian journals which publish ethnobotany studies. From 137 articles analyzed, 8 mentioned the return of research results to the community; 21 explicitly cited the use of free or prior and informed consent; and 13 mentioned the authorization of governmental bodies. We expect that the present study will contribute to the debate regarding the necessity of reformulation of the current system, which would guarantee a more effective rapport between the government, researchers, local communities, and society and contribute to the development of ethnobotany in Brazil.

Highlights

The use of genetic resources and associated traditional knowledge has been conducted for a long time in an asymmetric manner
This study aims to explore how these matters are considered in the scope of published ethnobotany articles in Brazil, as well as whether the creation of the Provisional Measure 2.186-16/2001 has contributed to the national advance of these matters
In the context of how research has been conducted and the issue of compliance with legal norms, this study aims to analyze how the results of ethnobotany research are shared with communities and how prior and informed consent and authorization of governmental bodies have been considered in articles published in the prominent Brazilian ethnobotany journals, through a bibliographic review

Summary

Introduction

The use of genetic resources and associated traditional knowledge has been conducted for a long time in an asymmetric manner. Many natural resources have been appropriated by developed countries without proper access request from, prior consent of, or benefit-sharing with countries and communities, which originally provided and detained such resources (MMA 2013). This reality was justified by the ease of facilitated access to genetic resources before the Convention of Biological Diversity (CBD) (Cunha 1999; MMA 2005; Andrade et al 2013; Ferreira & Sampaio 2013). According to Cunha (1999), strong resistance to the generalized privatization of resources (the principle of free access without restrictions) during the 1970s and beginning of 1980s was the reason for instituting such a regulatory body

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