O controle e a repressão à biopirataria faunística e o tráfico de animais silvestres no bioma Pampa do Rio Grande Do Sul

Abstract

The dissertation aimed to analyze faunistic biopiracy and the trafficking of wild animals in the Pampa biome of Rio Grande do Sul. Regarding the methods adopted, the research was based on bibliographic and documentary surveys, employing the deductive method to analyze the information. As for the approach, it is quantitativequalitative. The research examined the concepts of biome, biodiversity, genetic heritage, associated traditional knowledge, biopiracy, and animal trafficking. Additionally, it discussed the legal protection of biodiversity and associated traditional knowledge, as well as analyzed international treaties and Brazilian infraconstitutional laws, from the perspective of combating biopiracy and wildlife trafficking in the Pampa biome. With the assistance of data obtained from inspection agencies and the judiciary, it outlined a panorama of the situation of biopiracy and animal trafficking in the Pampa Biome and provided support for strengthening the protection of Pampas sociodiversity. Through the conducted research, it was concluded that biopiracy, defined as the practice of illegally exploiting biological resources of a certain region without proper authorization or compensation, is not considered a crime in Brazil, being classified as an administrative infraction. This lack of legal definition emphasizes the need to clearly distinguish this activity from the trafficking of wild fauna, stipulated in item III of article 29 of Law 9.605 of 1998, which prohibits the sale, exportation, acquisition, captivity, or transportation of eggs or larvae without proper authorization. In this context, the Environmental Crimes Law plays a crucial role in combating infractions involving wild animals in the Rio Grande do Sul Pampa. It is in this scenario that paragraph 3 of article 29 of Law No. 9.605/98 defines as wild fauna species those native, migratory, aquatic, and terrestrial, with part or all of their life cycle in Brazilian territory. Therefore, it was possible to conclude that article 29 of Law No. 9.605/98 is invoked in judicial decisions at the state level, dealing with the sale, exhibition, exportation, acquisition, custody, maintenance in captivity, storage, use, or transportation of specimens of wild fauna, including eggs and larvae. The analysis of judicial processes in the Federal Court highlights the application of article 29, paragraph 1, item III of the Environmental Crimes Law concurrently with article 296, item I, of the Penal Code, which typifies the counterfeiting of public seals intended to authenticate official acts of the Union, State, or Municipality. These provisions impose penalties related to the improper use of rings intended for environmental monitoring. Furthermore, Decree No. 6,514, of 2008, plays a crucial role, establishing fines for environmental infractions in the Pampa biome. Thus, the legal approach is fundamental to curb practices harmful to fauna, emphasizing the importance of environmental legislation in confronting activities that threaten the Rio Grande do Sul Pampa.