Soberania regulatória articulada: controle jurídico das empresas transnacionais na pesquisa com patrimônio genético no Brasil

Abstract

This research examines the legal regulation of transnational corporations engaged in biodiversity research in Brazil, with particular emphasis on genetic heritage and its relationship to innovation and sustainable development. The central objective is to demonstrate that the active participation of the private sector—especially transnational corporations—in processes of science, technology, and innovation based on biodiversity, when aligned with the constitutional principles of environmental protection, human dignity, and national sovereignty, constitutes an essential pillar for Brazil’s sustainable development. The study employs an applied methodology with a qualitative approach, grounded in the dogmatic analysis of legislation, legal doctrine, and institutional documents, complemented by descriptive statistics in the empirical mapping of partnerships between transnational corporations and Brazilian institutions. It is an exploratory-descriptive investigation, integrating theoretical and empirical results to substantiate the model of articulated regulatory sovereignty. The main findings reveal that, although Brazil holds the greatest biodiversity in the world and a relevant scientific system, the underutilization of national genetic resources persists, characterized by dependence on imported inputs and by the fragmentation of the regulatory framework. Comparative analysis with international models—particularly those of India, China, and the United States—showed that the absence of integrated governance entails risks of biopiracy and loss of competitiveness, whereas articulated legal systems foster fair benefit-sharing, sovereign innovation, and institutional strengthening. The conclusion reaffirms the need for the adoption of an integrative normative model—articulated regulatory sovereignty—as a strategy to reconcile economic growth, environmental preservation, and social justice, thereby consolidating the bioeconomy as a strategic axis for Brazil in the twenty-first century.