On 11 May 2016 Brazil issued Decree N° 8.772 (2016), which
regulates Law 13.123 of May 20 2015 governing access to
genetic resources, protection and access to traditional knowledge,
and distribution, benefits of conservation and sustainable use of
The decree regulates how the law should be applied and
identifies principal problems in the access to genetic resources.
At the same time, the Decree regulates the Management Board
of the Genetic Heritage functions (under the Ministry of
Environment), which authorizes the access and exchange of genetic
The decree considers the following as genetic heritage: (i)
microorganisms isolated from the country´s substrates; (ii)
plant and animal species that are spontaneously found in the
national territory, and that acquire specific characteristics of
the country, and (iii) species with genetic diversity adapted by
indigenous people, traditional communities and agriculturists.
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