Banca de DEFESA: DENISE MACHADO LEAL

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : DENISE MACHADO LEAL
DATE: 31/03/2025
TIME: 17:00
LOCAL: SALA DO NÚCLEO SETORIAL E REGULATÓRIO - FD/UnB
TITLE:

Genetic resource databases (DSIs) of flora located in indigenous territories in Brazil: the need for prior consent as a guarantee of the right to informational self-determination

KEY WORDS:

Informational autonomy. Digital Sequence Information (DSIs). Indigenous rights. Databases. Ownership.

PAGES: 141
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research addresses the issue of digital sequencing of genetic information (DSIs) of plants free communication in online-accessible databases, many of which disclose information on species originating from Indigenous territories without prior consent. National data repositories facilitate access to DSIs through international platforms such as GenBank and promote unrestricted and non-consensual use of this data, potentially violating rights related to ownership. Therefore, by examining the lack of specific legal protection over the communication of DSIs from Indigenous territories, this research proposes a critical legal analysis considering whether, in this context, the right to informational self-determination is guaranteed. It hypothesizes that this guarantee is possible through the complementarity of Indigenous territorial autonomy rights and Indigenous ownership of DSIs, based on a complementary analysis of instruments established in various legal norms. The adopted methodology combines the mapping of databases that disclose DSIs, bibliographic and documentary analysis, and critical hermeneutics, aiming to highlight normative and interpretative gaps in the protection of Indigenous collective data. The research is innovative in proposing the incorporation of the concept of Indigenous Data Sovereignty (IDS) into the Brazilian legal context, recognizing the right of Indigenous Peoples to control, decide on, and manage data related to their territories and knowledge, as recognized in many treaties. As a contribution, the research emphasizes the potential to harmonize existing legal structures to partially address regulatory gaps on the subject. It affirms the legal obligation of prior consent for the communication of DSIs, including in national databases, grounded in constitutional principles, socio-environmental norms, the Brazilian General Data Protection Law (LGPD), and international instruments for the protection of Indigenous Peoples and the environment. This approach would allow for greater control over data and the recognition of DSIs as both collective and personal data, safeguarding collective rights, Indigenous identity, and autonomy in the digital age.

COMMITTEE MEMBERS:
Interna - 2279451 - ANA CLAUDIA FARRANHA SANTANA
Presidente - 1977750 - CARINA COSTA DE OLIVEIRA
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externa à Instituição - TARIN CRISTINO FROTA MONT ALVERNE - UFC