The Evolution of the Biotechnology and Genetic Engineering in Face of the Environmental Implications, the Biolaw and the Fundamental Rights.

Abstract

The evolution of modern biotechnologyand genetic engineering results in innumerable consequencesfor the environment in which the human beingis inserted, having such activities to be submitted to theregulamentations from the biolaw, which must alwaysbe implemented through the effective observance of thefundamental rights. The inadequate use of these scientifictechniques, that aim to modify the constitution of theorganisms, can result in irreparable damages to the environmentand to the human health. However, its correctuse can originate enormous benefits to the humanity,with results in areas such as the combat of illnesses andthe improvement of food production. From this, there isthe need to search for an adequate legislation of the scientificresearches. The promulgation of the Law of NationalBiosafety (Law 11,105/05) was an important jump for theBrazilian society. It created a real microsystem to regulateall the aspects that involve the genetically modifiedorganisms, that came from the biotechnology techniquesand genetic engineering. In face of the legal implicationsresultant of these scientific experimentations, the law hasto act in the field of biosciences through the independentbranch of the biolaw, as the objectified balance in this relationmust always be based on the orientation traced bythe fundamental rights. Therefore, because of these newinvestigations derived from the development of biotechnologies,becomes necessary the implementation and theconcretization of fundamental rights, connected with thebasic principle of the human being’s dignity.