O regime jurídico de proteção à propriedade intelectual sobre variedades de plantas no Brasil e os impactos socioambientais nos sistemas agrícolas locais

Abstract

The current job has in scope the discussion of property rights upon vegetables and it`s relation with agriculture models and socio-environmental development, to sight beyond the economic vision that permeates the production paradigm of the hegemonic industrial system. Therefore, explanations are made about the development of the main agriculture models, since its beginning to the present days, with emphasis in local and traditional agriculture systems. Then, it exposes the main points about the international legal regime of intellectual property related to the theme, that beholds both the sui generis system – born in Europe, aiming at universalize the breeders rights – and the patent system. Soon after, the Brazilian adoption of the sui generis system is exposed, through the Cultivar Protection Law and the possibility of patenting transgenic microorganisms. Finally, the main impacts of this legislation upon the local agriculture systems are identified, especially with regard to farmer‟s rights and the loss of genetic variability, standing out the importance of access to the creoles, organic and agro ecological seeds as counterpoint and alternative of resistance to these impacts.