The decree promulgating the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Derived from their Utilization to the Convention on Biological Diversity, signed by Brazil in February 2011, was published on 28 December 2023.
Approved by the National Congress in August 2020 (through Legislative Decree No. 136/2020), the Federal Decree No. 11,865 was published on 28 December 2023, promulgating the Nagoya Protocol.
The Protocol was signed by Brazil in February 2011 and entered in effect for Brazil, in external legal terms, in June 2021.
With the publication of the Decree in analysis, the Protocol also enters into force at the domestic legal level.
The implementation of the Protocol’s provisions will not have retroactive effects. The economic exploitation, for the purposes of agricultural activities, of reproductive material from species introduced into the country by human action until the Protocol comes into force will not be subject to the benefit sharing provided for therein.