Where is the rule of law illegal? The case of the brazilian biodiversity act: dialogues with Ugo Mattei, Laura Nader and Ulrich Beck

This article has a clearly defined object: to analyse the socio-environmentally unfair aspects of the Brazilian Biodiversity Act on access to genetic heritage and associated traditional knowledge, highlighting the fact that it is an example of the fallacies of the rule of law. In other words, of what authors Ugo Mattei and Laura Nader (2013) call “the dark side of the Rule of Law”. To reach this goal, a dialogue is made with the thesis entitled Plunder (2013) developed by these two authors, relating it with the critical perception, from the authors of the present article, about the use of the Brazilian biodiversity Act for the purpose of plunder of genetic heritage and traditional knowledge. Finally, with the dialogue made with Ulrich Beck (1986) and his Theory of Risk Society, it was possible to conclude that the process of expansion of positive law, added to his concept of organized irresponsibility between science, politics and law, can be read in conjunction with what we identified as being the organized irresponsibility of the permission of the economic exploitation of the genetic heritage and of the traditional knowledge. Also having as actors science, politics, and law. As researchers, it is our duty to contribute to another kind of science, hoping it can positively influence other outcomes in the last two arenas. The methodology followed was systemic, and the technique of research was based in literature review and interpretation of legal norms and regulatory decrees.