Entre a OMC e o protocolo de cartagena: aspectos controversos da LEI de biossegurança.

Abstract

The products of modern biotechnology - genetically modified organisms and their derivatives - represent a point of dissension to contemporary society. This concern goes beyond national borders and becomes firstly discussed in an international context, where commercial interests are against environmental interests, so it has, on one side, the law of the World Trade Organization - which wraps up the commercial interests - and on the other side, the Cartagena Protocol on Biosafety - forming the environmental concern. In this context, Brazil assumes an unusual position, since it is the only major exporter that is part of both the World Trade Organization as the Cartagena Protocol on Biosafety. Therefore, through the inductive and exegetic method, and literature search, the Brazilian regulatory framework for such products was studied in its three main dimensions - biosafety, food safety and consumer protection - considering the position of Brazil on the world stage and identifying controversies. The unrequirement of environmental impact assessments, limitation of the role of the National Agency for Sanitary Surveillance and delay the labeling of final products to consumers, added to the chaos between federal and state standards, undermine the Brazilian regulatory framework with serious inconsistencies. So with these controversies, the Biosafety Act hurts both trade obligations and environmental obligations and does not ensure a maximization of the benefits of modern biotechnology and neither the minimization of its risks.