BIODIVERSITY

    At United Nations’ Conference about Environment and Development (Rio-92) was signed the Biological Diversity’s Convention, a very important document about preservationist subject.
    This document had the finality, among others, to call the attention of the signatory countries and also from the world in general, about the biodiversity’s importance, about ecological, social, economical, scientific and cultural values, and also reaffirmed that the States are responsible for its conservation to the obtaining of a supported development. Also considered that is of big importance the biodiversity’s conservation for attending the necessities of the world population. This convention was approved in Brazil by the Decree nº 2, 1994.
    Our Federal Constitution (1988) also protects the diversity when says that everybody have the right of the ecologically balanced environment (art. 225, caput), that can be interpreted as everybody have the right that none specie perish or be extinct. The genetic patrimony’s diversity preservation is expressed in the incise II of the referred article, and the § 4º protects the Amazonian Forest, the Atlantic Wood, “Serra do Mar”, “Pantanal Mato-Grossense” and “Zona Costeira”, considering them as national patrimony.
    The Law 6.938/81 (Environment’s National Politic) has as principles the maintenance of ecological balance (art. 2º, I) and the ecosystems protection (art. 2º, IV), showing that the biodiversity’s preservation is essential.
    We still have the Law 7.347/85 that rules the public civil action of responsibilities from damages caused to the environment, being possible, among others, be hindered degradatory acts to the biodiversity.
    The Law 4.771/65 (Forestall Code) and the Law 9.605/98 (Environmental Crimes), and the creation of conservation’s unites protect the diversity.
    The protection to the genetic patrimony’s diversity is showed in the art. 225, II, of the Federal Constitution and the Law 8.974/95 (Biosecurity Law) that rules the incises II and V from the § 1º of this article, establishing security rules, inspection and commercialization etc. We also have the law project nº 306/95, from the senator Marina Silva, PT/Acre, that is on the National Congress, and rules about the instruments of access ‘ control to genetic resources in the country.
    The Law nº 9.456/97 (Cultivatings’ Law) rules the property right on the multiplication and production of cultivating and vegetable seeds.
    Therefore, we can see that biodiversity counts on some legal protection in Brazil, what put us in front of in environmental questions; but, it is needed to develop a bigger conscious about the preservationist problematic and elaborating mechanisms and laws that protect more the big Brazilian biological diversity, as in the irrational exploration than the irregular exploration; but, for this is needed the movement of all the society’s segment, because without it, we will continue losing our bigger patrimony.