O direito internacional e a biopirataria na AmazÔnia: Uma anÁlise das aÇÕes das empresas privadas multinacionais Ç luz dos deveres fundamentais

This paper aims to analyze the actions of private international companies that commit biopiracy in the Brazilian Amazon Forest. And it intends to investigate whether, even without specific legislation that criminalizes this action, there is some fence to it in the country, and what are the legal consequences of the recognition of a fundamental duty in the Brazilian legal system. To achieve this goal, the article addresses the concept of biopiracy, existing cases, global social relations, international and national legislation and finally the Theory of Fundamental Duties to understand the application of art caput. 225 of CF/88. This research used a theoretical basis based on bibliographic and documentary research, of the current legislation. The methodology used in the research was the dialectical method. It was obtained as a result of the present work that biopiracy, despite not having any fencing in the treaties in which Brazil is a signatory nor in the national environmental legislation, finds a fence in the Constitution, especially in the fundamental duty of preserving the environment. Although little addressed, the application of the fundamental duty imposes legal consequences on the whole community and may restrict the action of multinationals and impose on the State the obligation to carry out the control of constitutionality.