Protocolo de Nagoya: avanços e/ou retrocessos na proteção e repartição de benefícios gerados pelos conhecimentos tradicionais associados

Abstract

This study aimed to present the role of the Nagoya Protocol, that is an international environmental treaty, on the protection of indigenous people's traditional knowledges. Thus, this thesis answered the following question: would the Nagoya Protocol be an effctive way to protect traditional knowledge or would it be part of a international body of laws that favories the coloniality and domination of indigineous people that hold the traditional knowledges? To answer this question, the thesis was divided into three chapters. At the first chapter, it was carried out a historical resumption of the domination of indigenous culture and of the environment, showing the influences of colonialism, colonization and Modernity. Later, it was showed the main international environmental treaties on the subject that leads to the elaboration of the Nagoya Protocol. Finally, it was presented the main contributions and controversies in the drafting of the treaty. The research methods used consisted in bibliographical research and documental research. It was concluded that the imprecision and vagueness of the terms used in the treaty hinders its implementation. Several aspects are still under debate, which contributes to the uncertainty of the future collaboration of the Nagoya Protocol in protecting biodiversity and indigenous people's interest.