Direito Monista ou Pluralismo Jurídico: análise da efetividade da legislação brasileira na proteção dos conhecimentos tradicionais associados aos recursos genéticos na Tríplice Fronteira - Brasil, Colômbia e Peru

Abstract

This research aims to analyze the legal pluralism as an efficient way of protecting traditional knowledge associated with genetic resources in the high Solimoes region in Amazon, emphasizing the understanding and treatment that Brazil provides to the native people through its legislation, as well as the understanding and treatment given to the traditional knowledge associated with it, bringing to light the concreteness of a local knowledge related to the legislative abstraction. Considering the inefficacy of a State based on monism and its consequent generation of cultural conflict created by the system brought from the Northern countries, it arises the question: is legal pluralism a feasible way of protecting the traditional knowledge of the native people of Brazil? The methodology applied in this research is of case study, whose unit of analysis consists of Brazilian legislation regarding native people from Brazil throughout history that regulates the access of traditional knowledge associated with genetic resources and legal pluralism, taking as subunits of analysis the formal and informal traders, indigenous organizations and public agencies from the Amazonian cities named Tabatinga and Benjamin Constant. Regarding the research method, this research adopted the following sources of evidences: bibliographic review, documental review, archival study, field observation, field diary and interviews. Regarding the goals of this research, it was used quantitative and qualitative analysis procedures. Regarding the ethical procedures, this research was approved by the National Commission of Ethics in Research - CONEP, opinion under number 6.197.459, July 24th, 2023, for working with Ticuna and Kokama indigenous people within the region of the research. Regarding the theoretical foundations, it was used Pierre Bourdieu's sociological view of law (1989), the systemic approach of Morin (2002), Epistemologies of the South developed by Santos (2014) and decolonial ecology by Ferdinand (2022). This thesis is divided into four chapters according to the Scandinavian model also named multipaper, that is to say, composed by four different articles. Each chapter of the present thesis comprehends an article intertwined with the idea of juridic protection of the indigenous people and their knowledge associated with genetic resources from Brazil. It was concluded in this thesis that self-regulation made possible by legal pluralism is the most efficient technique for solving the conflicts, because it is built from the inside out by the people interested in solving the conflicts, expressing their know-how, time, recognition, places and depths, in a solid manner, replacing law from outside-in, absorbed by monocultures strange to the interested ones involved, prioritizing Science, linear time, universalism, and taking differences and the capitalist productivity as natural.