On 11 May 2016 Brazil issued Decree N° 8.772 (2016), which regulates Law 13.123 of May 20 2015 governing access to genetic resources, protection and access to traditional knowledge, and distribution, benefits of conservation and sustainable use of biodiversity.

The decree regulates how the law should be applied and identifies principal problems in the access to genetic resources.  At the same time, the Decree regulates the Management Board of the Genetic Heritage functions (under the Ministry of Environment), which authorizes the access and exchange of genetic material.

The decree considers the following as genetic heritage: (i) microorganisms isolated from the country´s substrates; (ii) plant and animal species that are spontaneously found in the national territory, and that acquire specific characteristics of the country, and (iii) species with genetic diversity adapted by indigenous people, traditional communities and agriculturists.

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