OLIVEIRA, A. S.; OLIVEIRA, André Soares.
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.
