New Legislative Rules Seek to Improve Brazilian Biodiversity
The biodiversity matter has been on the agenda of the Federal Government and, recently, four biodiversity-related legislation were published in the Official Gazette: Federal Decree No. 12,017/2024; and Resolutions No. 42/2024; No. 43/2024; and No. 44/2022, from the Genetic Heritage Management Council (CGen).
Federal Decree No. 12,017/2024 aims to amend the Federal Decrees No. 4,703/2003 and No. 10,141/2019, which refer, respectively, to the National Biological Diversity Program (PRONABIO) and the National Biodiversity Commission, and to the National Wetlands Committee. One aim of the new decree is to regulate the powers, composition, structure, and publicity of acts of the National Biodiversity Commission (CONABIO)—a consulting sector of the executive branch, responsible for articulating and coordinating the implementation of biodiversity conventions—with the aim of promoting the implementation of the Kunming-Montreal Global Framework for Biological Diversity, adopted within the scope of the Convention on Biological Diversity.
The decree revokes Federal Decree No. 10,235/2020, increasing the number of seats on CONABIO's governing council from 14 to 34, as well as promoting increased civil representation by representatives of indigenous, quilombolas, and other traditional communities, artisanal fishermen, agro-extractive workers, and other groups. Furthermore, the decree establishes the Ministry of Finance as the Operational Focal Point of the Global Biodiversity Framework Fund, within the scope of the Convention on Biological Diversity. Under the decree, that the availability of resources from the Global Funds for the Environment and the Global Biodiversity Framework will need to comply with guidelines and instruments of the National Biodiversity Policy and the National Biodiversity Strategy and Action Plan.
CGen Resolutions No. 42/2024, No. 43/2024, and No. 44/2022 provide for the creation of Thematic Chambers (CTs) with the purpose of supporting decisions issued by the CGen Plenary, based on discussions and proposals on themes or areas of knowledge as established in article 8th of Federal Decree No. 8,772/2016.
CGen Resolution No. 42/2024 creates the “CT – SisGen,” which is intended to become a forum to identify demands and opportunities that could improve the National Genetic Heritage Management System (SisGen) and the provision of services through it. The CT – SisGen is also intended to promote debate, training, and public tests, in order to obtain technical subsidies and suggestions for improvements to SisGen's functionalities.
CGen Resolution No. 43/2024 creates the “CT – Sustainable Use,” which will have tasks such as acting as a forum for interlocution, articulation and debate, aiming at identifying opportunities related to the sustainable use of genetic heritage and traditional knowledge associate; present, to the CGen Plenary, opportunities and proposals for activities aiming at improving and expanding the sustainable use of genetic heritage and associated traditional knowledge; among others.
Moreover, CGen Resolution No. 44/2024 creates the “CT – Nagoya Protocol,” which will identify and present, to the CGen Plenary, measures to be adopted to effectively implement the Nagoya Protocol in Brazil. Importantly, this protocol regulates Access to Genetic Resources and Fair and Equitable Distribution of Benefits Derived from their Use in accordance with the Convention on Biological Diversity, enacted in Brazil by means of Federal Decree No. 11,865/2023.
The new CTs will be composed of 16 members: eight of whom will be filled by existing counselors of the CGen Plenary, and will consist of representatives from various sectors and entities of the Federal Public Administration; four will be sectorial representatives; and four will be representatives of associated traditional knowledge providers.
The Environmental, Climate Change and ESG Practice of Tauil & Checker Advogados in association with Mayer Brown is available for additional clarifications on the topic.
