THE INSUFFICIENCY OF LAW NO. 13,123/2015 IN THE PROTECTION OF TRADITIONAL KNOWLEDGE ASSOCIATED WITH AMAZONIAN BIODIVERSITY

Abstract

This article analyzes the sufficiency of Law No. 13,123/2015 in protecting traditional knowledge associated with Amazonian biodiversity, considering such knowledge as cultural and collective heritage essential to environmental conservation. The research problem investigates whether this legal framework effectively safeguards associated traditional knowledge or reproduces historical asymmetries in the appropriation of socio-biodiversity resources. The main objective is to critically examine the legal mechanisms governing access, prior informed consent, and institutional participation under the scope of socio-environmental rights. The methodology adopts a qualitative approach based on a literature review and documentary analysis of legal standards and academic literature. The study concludes that Law No. 13,123/2015 exhibits structural shortcomings by prioritizing economic exploitation over prior informed consent and meaningful community participation, thereby undermining the legal protection of associated traditional knowledge in the Amazon.