There are centuries that humanity have been crossing plants and animals with the finality of making them better for use and consume. They are genetic experiences that are done in a rudimentar and empiric manner, but nowadays, with technology development, the genetic improvement has being done in a scientific way, by the use of more developed technics in a Science that is known as genetic engineer, that can be defined as a whole os techniques capable of permitting the identification, manipuilation and multiplication of alive organisms genes. 

By this new Science it is possible to manipulate DNA that exists on creatures cells and so recombining genes, changing them, or adding genes from different origin, creating new ways of life.

These new techniques and also genetic engeneering are the biotechnology, that is the Science which studies, researches and promotes the gen transfers from a specie to another one, attributting to this the natural characterists from that one.

Truly, biotechnology is most unterstood as a science that is directly linked to the genetic sunject, by the power of its own human technological development, as said before.


        Genetic Patrimony Legal Protection

As biotechnology is directly linked to the genetic subject, there is nothing more important than talking about genetic patrimony, mainly in terms of legal protection.


In Brazil the genetic patrimony is legally protected, by our Federal Constitution (art. 225, § 1º, II), that says it is an obligation of the Public Power preserving the genetic diversity and the country’s genetic patrimony integrity. So, the Public Power must preserve the genetic patrimony diversity and integrity, as also the obligation of taking care of the researchers that handle genetic material, and finally it is obliged to controlling methods, activities and commerce of products or substances that may cause damage to the environment, including the ones related to genetic manipulation.


There is also ordinary  legislation (Laws n.º 8.974: biosecurity, n.º 9.456: cultivates).


        Biotechnology has found in agriculture one of its strongest performance field, producing, otherwise, transgenic food with the finallity of avoiding noxious weeds, more resistance to bad weather and so growing production. But this genetically modified products and known as GM (genetically modified) are making scientists, environmentalistas, productors, jurists among another ones,  discussing a lot about its real convenience and use. In almost all Europe there is an official and popular rejection to GMs, while at the USA, Argentina, Canada, Chile, Mexico and Australia they adopt in their agriculture politics this kind of product. In our country this subject is on high discussion. There is a group that is pro GMs, and they say that there is not any proof of damage to health and for the environment. On the other hand there is a group that is completelly against GMs, pleading that by being genetically modified, products are not natural, dangerous and and potentially damageous to environment. This is a long discussion, because there aren’t technical elements of scientific experimentation  capable of bringing concrete and secure subsidies in relation to the effects of these products, mainly because it is something completely new.


       So, our genetic patrimony may be under obligation if there is not a consciouss, healthy, correct, legal and ethic manipulation and use of the resources that compose it.

         We can’t forget that the genetic patrimony is a good from everybody use, as said in our Federal Constitution, and so must be protected and fiscalized by everyone.

         And so comes biotechnology that must rule its researches for getting better quality and quantity to food, for example, without bringing damage to environment and extensively to human.


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