Repartição de benefícios à luz da Lei nº 13.123/2015: casos de empresas com acesso ao patrimônio genético e ao conhecimento tradicional associado

The sustainable use of biodiversity can result in numerous benefits to humanity, both in the agricultural sector and in the production of medications and cosmetics. The legislation on access to genetic heritage and associated traditional knowledge, the theme of this study, is directly related to the distribution of benefits to the communities involved. This work brings some cases of benefit sharing, demonstrating its importance for companies, universities and traditional communities. In addition, the rules and procedures arising from Law no 13.123/2015 and its respective Decree no 8.772/2016 were analyzed. A brief study on the legislation applicable to research and development activities using plant species was presented. Some assessments of Operation New Directions stood out, which fined numerous companies that accessed genetic heritage and/or associated traditional knowledge without prior authorization and did not share profits. In addition, research and discussion was conducted on success cases in the distribution of benefits. Litigation cases and the reformulation of legislation may contribute to companies that are identifying new ways of relating to traditional communities more fairly, in addition to the adequacy of all to this legal framework.