STJ AND TRANSGENIC SEEDS

Abstract

In the second half of 2019, the Superior Court of Justice (STJ) made an important decision on the extension of proprietary rights over life: it established that transgenic seeds are patentable and, therefore, charging royalties on them is legal. The judgment was the result of a dispute between Monsanto and rural producers in Rio Grande do Sul. The aim of this article is to analyze this judgment, examining its legal foundations, contradictions and effects. The problem here is: Did the STJ’s decision respect the 1988 Constitution and the legal system it underpins? The findings of Juliana Santilli, Jack Kloppenburg and Pat Mooney are the starting point of the discussion. Methodologically, a contextualization is made about what native seeds are, as well as the risks that the current national and international system of intellectual property imposes on the fundamental right to biodiversity. Finally, the main arguments of the STJ decision and the precedent established by it are analyzed. Finally, it is concluded that the decision of the STJ went against the 1988 Constitution and the Brazilian infralegal system and took an important step towards the privatization of life.