Agriculture Reference
In-Depth Information
research and manipulation of genetic material. The Court also ruled that
government authorities should demand a prior environmental impact
study of activities that may potentially cause significant degradation of
the environment, such as those involving GM crops.
The reasons for these decisions are based in the Brazilian Federal
Constitution
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and other laws that address environmental and health
concerns arising from the manipulation of genetic material, and protect
biodiversity and consumers. As a result, these entities managed to secure
several court orders and injunctions that prohibited the import and cul-
tivation of GM crops and that recognized the “precautionary principle”
established by the United Nations Biosafety Protocol and treaties such
as the Cartagena Protocol.
B.ThePoliticalShiftfromPreventivetoPromotionalPolicy
Soon after its election, the Lula administration in 2002 gave permission
for the commercial use of GM soybeans in food products and allowed
Monsanto's GM soybeans to be grown on a temporary basis.
In early 2003, just before the soybean harvest, finding a solution for
the illegally grown GM soybeans in Rio Grande do Sul became one of the
central issues for government officials. The GM soybean seed smuggled
from Argentina had been grown primarily in Rio Grande do Sul, a state
that had established a local regulatory system that favored GM crops
activities. Monsanto, the State Government of Rio Grande do Sul, and
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The Brazilian Federal Constitution of 1988 states the following, in Article 225:
Art. 225. All have the right to an ecologically balanced environment, which is an asset
of common use and essential to healthy quality of life, and both the Government and
the community shall have the duty to defend and preserve it for present and future
generations.
Paragraph 1 - To ensure the effectiveness of this right, it is incumbent upon the
Government to:
(...) II. preserve thediversity and integrityof the genetic legacy of the country
and to control entities engaged in research and manipulation of genetic material.
