News
New rule brings greater objectivity to the notion of genetic heritage

Although there is no exhaustive list of species of flora, fauna, microorganisms, ecosystems and habitats that make up Brazilian biodiversity, article 113 of Decree 8.772 / 2016 provides for the publication of reference lists by the Ministry of Agriculture, Livestock and Supply ( MAPA) in order to answer users’ doubts about the classification of a specific species as a Brazilian genetic heritage. If, on the one hand, the task of cataloging all the species that make up this heritage in one of the most megadiverse countries in the world proves to be endless, on the other hand, it is a viable and useful alternative to determine what is already known not to constitute national genetic heritage.

On 12/4/2020, through Normative Instruction No. 64, MAPA published a new list of domesticated or cultivated ornamental plant species that were introduced in the national territory – and, therefore, are not considered national genetic heritage. The list can be consulted by clicking on this link ( https://www.in.gov.br/en/web/dou/-/instrucao-normativa-n-64-de-2 -de-Dezembro-de-2020-292125788 ) and should soon be made available together with the other lists already published on the MAPA website, on the portal https://www.gov.br/agricultura/pt-br/ subjects / sustainability / genetic-resources-1 / species-introduced .

The publication of this new list is great news, contributing to the clarity of the scope of coverage of the Biodiversity Law.

In case of doubts, do not hesitate to contact our team specialized in the matter.

* Genetic heritage means all information of genetic origin of plant, animal, microbial or species of another nature, found in in situ conditions, including domesticated species and spontaneous populations, or kept in ex situ conditions, provided they are found in in situ conditions in the national territory, on the continental shelf, in the territorial sea and in the exclusive economic zone.

Gusmão & Labrunie Advogados