1. Discovery and Appropriation

The discovery of Brazil by Cabral increasingly fueled the colonizers' sense of power over Brazilian lands. This initiated an intense pursuit of profit, primarily through the exploitation of natural resources. The first historical milestone of this activity, known as biopiracy, occurred in 1876 when Henry Wickham smuggled seventy thousand rubber tree seeds from the Brazilian Amazon to the Royal Botanic Gardens in London. This was done under the orders of the British crown to create clones and thereby gain control over rubber production.

Biopiracy does not have a specific legal definition. However, according to the Brazilian Institute of International Trade Law, Technology, Information, and Development (CIITED), it is characterized as the act of accessing or transferring genetic resources (animal or plant) and/or traditional knowledge associated with biodiversity without the explicit authorization of the state from which the resource was extracted or the traditional community that developed and maintained the knowledge over time [1].

The problem arises when the practice is not recognized as a specific crime but rather falls under other criminal categories, allowing loopholes to be more easily exploited in the Brazilian justice system. Consequently, a new form of colonialism, known as the "coloniality of power"[2], "new colonialism" [3], "biocolonialism" [4], or "biocultural colonialism" [5], is emerging.

The so-called biocultural colonialism is characterized by the improper appropriation of biological resources from developing and biodiversity-rich countries by nations that dominate modern biotechnological processes and host large industrial genetic engineering corporations [6]. This implies a division between countries, where the so-called global North (developed countries) promotes a process of colonization of genetic heritage, traditional knowledge associated with biodiversity, and the natural, social, and cultural resources of the global South (underdeveloped countries). According to Sousa Santos, the global North comprises the United States of America, Europe, Australia, and New Zealand, while the global South coincides geographically with Africa, South America, and Asia [7]. Therefore, it is evident that a global North-South relationship based on the colonial aspect of exploitation and domination persists to this day.

Given this historical context, it is evident that the Brazilian state, under pressure from industrial sectors and in pursuit of monetary funds, sought to legitimize biocultural colonialism by regulating access to and use of genetic heritage and traditional knowledge of biodiversity. This regulation is governed in Brazil by Law No. 13.123/15[1], implemented by Decree No. 8772/16, which was declared by the Brazilian government as the new legal framework for biodiversity. However, this regulation completely overhauls the previous system established by Provisional Measure 2.186-16/01, which, despite its many flaws, ensured essential rights such as prior informed consent and benefit-sharing in all instances of access and use. This leaves traditional peoples and communities completely unprotected, representing a comprehensive violation of the human rights established in international treaties related to this issue.

Understanding the correlation between colonialism and the new forms of exploitation and domination of natural resources, it is important to conceptualize biodiversity, which has been highlighted since the late 1990s by Reaka-Kudla, Wilson, and [8] in their book "Biodiversity II: Understanding and Protecting Our Biological Resources," as "all variation existing at the various levels of organization of life, from the genes present in a species, to the species that make up a community, or even the variation existing in the set of these communities that make up the living part of ecosystems" [8]. According to data from the Ministry of Environment and Climate Change [9], Brazil is home to approximately 118,847 species of vertebrate and invertebrate animals and 46,737 species of plants and fungi, corresponding to between 10% and 15% of the world's biodiversity. In this context, the risk of losing this extensive coverage is the primary concern for organizations in the face of biopiracy activities. Biopiracy leads to a process of deterritorialization of life forms, reducing them to genetic fragments, which transforms biodiversity into industrial property.

Given the rich natural diversity in Brazil, the biodiversity of this territory plays a crucial role in human well-being by providing essential products and ecosystem services—benefits obtained directly or indirectly from ecosystems. The products or goods derived from the natural system include pharmaceuticals, food, timber, minerals, and more. Additionally, biodiversity supports life by purifying air and water and regulating the climate. It also provides reproductive and feeding habitats for extraction activities and supports organisms responsible for nutrient cycling in the soil, making them available for absorption by plants [10].

Given the importance of local biodiversity for life development, it is essential to highlight that biopiracy practices hinder the implementation of the Sustainable Development Goals (SDGs) proposed by the United Nations (UN), particularly Goal 15 [11]. This goal aims to protect, restore, and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, halt and reverse land degradation, and curb biodiversity loss. Therefore, it is crucial to take measures to ensure that local biodiversity is not lost by increasing awareness of the importance of ecosystems, ensuring their conservation, including their biodiversity, to enhance their capacity to provide essential benefits for sustainable development. In this context, it is evident that national entities must advocate for this cause and begin to review existing laws to strengthen their protections against biopiracy, as well as raise public awareness on the issue to inform more people about this problem.

Identifying opportunities and threats to Brazilian biodiversity is crucial for national development and the protection of the country's ecosystems [12]. Brazil possesses countless biodiversity resources, making it a constant target for the appropriation or transfer of genetic resources and/or traditional knowledge associated with biodiversity without the explicit authorization of the Brazilian state or the traditional community that has developed and maintained that knowledge over time. As a result, traditional peoples often lose techniques cultivated over decades in their territories to companies that seek to patent many natural resources, without making efforts to mitigate the damage caused to local biodiversity or the people who depend on these natural goods for their survival.

[1] Lei n. 13.123, de 20 de maio de 2015, Convenção sobre Diversidade Biológica, promulgada pelo Decreto no 2.519, de 16 de março de 1998. Disponível em: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13123.htm.