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A proteção do conhecimento tradicional no Brasil e na Índia

Bibliographic Data

ID5793483
AuthorsMario Cesar Marques Gemaque Vilhena (Centre for Development of Advanced Computing, corresponding author)
Year2019
Publication date2019-05-16
Peer ReviewedYes
Open AccessYes
TypeTHESIS
PublisherUniversidade de Sao Paulo, Agencia USP de Gestao da Informacao Academica (AGUIA) (PUBLISHER)
DOI10.11606/d.2.2019.tde-31072020-083830
OpenAlexW2982297910
LanguagePT
References cited16

Throughout the world, several traditional communities have knowledges and practices gained through secular experiences, transferred from generations to generations.This traditional knowledges are the result of experiences, way of life and intellectual activities in many contexts.The term "traditional knowledge" is a broad concept that generalizes the knowledge of traditional communities and is important because it reveals the essence of these communities and is also a source for research in all areas of knowledge.However, the existence of these communities, their cultural expressions and their traditional knowledges are constantly at risk, and the lack of policies to strengthen such knowledge, constant expropriation and misuse are an obstacle to their protection.Meanwhile, the importance and potential of these ways of knowing the world has been recognized by the science, industry and the possibilities of its application in the means of production of capital and, consequently, by the international community and for that reason these forms of knowledge have been emphasized as to their importance and need to be protected.This work, therefore, approaches the concepts of knowledge, scientific knowledge and traditional knowledge, the process of expanding European culture across the globe through colonial systems and, from this process, how the critical theories in Latin America and Orientalists establish a dialogical movement with the hegemonic discourse of modern science.Based on these criteria, we will present the differences that permeate traditional knowledge and scientific knowledge, analyzing how it is treated by international legislation, dealing with the cases of India and Brazil, in order to establish a comparison between ways of protecting it.The research also contributes to the study of the International Law, of Intellectual Property and of the landmarks of biodiversity in the era of post biodiversity convention and the respective Brazilian and Indian landmarks and legislations.Finally, we consider that these laws and policies are instruments that help to protect traditional knowledge and its holders, but the lack of construction of instruments that consider interculturality as the way to establish justice for the protection of these peoples and their knowledge is a factor that limits the scope of its performance

Dialogical self · Epistemology · Expropriation · Indigenous · Political science · Social science · Sociology · Sociology of scientific knowledge · Traditional knowledge · Agriculture, Land Use, Rural Development · Development, Ethics, and Society · Human Rights and Development · Law

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