O conhecimento tradicional no direito: uma problematização à luz da conceituação do termo

Abstract

This work analyzes the inclusion of associated traditional knowledge within the Brazilian legal system, examining the term in light of its conceptualization. It first demonstrates the origins of the concept within anthropology, distinguishing traditional knowledge from Western scientific knowledge through their premises and modes of transmission. It then explores the dichotomy between anthropocentrism and ecocentrism, addressing the strands of ecological ethics and the difficulty faced by the Cartesian legal system in protecting rights that do not prioritize human centrality. Subsequently, it identifies how the international legal framework systematizes the topic, highlighting a gap between the maturation of the concept as intangible cultural heritage and the creation of purely economic-financial mechanisms, such as the Nagoya Protocol. It examines how Brazilian law addresses the issue, from the Federal Constitution to Law No. 13,123/2015, emphasizing the abrupt separation between traditional knowledge and its form associated with genetic heritage. Finally, it demonstrates that the current logic of intellectual property is insufficient and argues that traditional knowledge must be recognized as a fundamental human right to ensure the dignity and survival of Indigenous and traditional populations