A defesa dos conhecimentos tradicionais coletivos de origem não identificada: uma repartição justa de sua exploração

Abstract

This dissertation analyzes the protection of traditional knowledge of traditional peoples, known as collectives and of unidentified origin, aiming to visualize the operationalization of the distribution of benefits obtained by the exploitation of this knowledge. To this end, the hypothetical-deductive method will be used, based on bibliographic research techniques, focusing on the Research Line Constitutional Jurisdiction and Democracy. Thus, it was verified that the Brazilian legal system is on the path to protecting the knowledge of traditional peoples, however, it needs to review its regulations regarding the distribution of benefits from the exploitation of this knowledge, since, in the current legal scenario, Brazil is losing its natural resources, faces a decrease in its biodiversity and reaps the disrespect for its knowledge and cultures due to regulations that, instead of protecting, facilitate exploitation by the logic of the international market. It is therefore concluded that there is an urgent need to develop a local government with the capacity to discuss and actively participate in issues related to culture, people and the exploration of the knowledge of traditional peoples, with a view to respecting the cultural integrity and self-determination of peoples.