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State of exception in the regulation of genetically modified organisms in Brazil

Victor Pelaez

Science and Public Policy, 2009, vol. 36, issue 1, 61-71

Abstract: The regulation of genetically modified organisms (GMOs) in Brazil has involved intense disputes between the three branches of government (legislature, executive and judiciary). This process arose out of a class-action suit that overruled a decision authorizing the commercial release of GM soybeans by the regulatory body. After a seven-year legal ban, the disputes moved into the legislative and executive branches, as two successive federal governments have created ad hoc legal means to overcome the requirements for a precautionary approach to the commercial release of GMOs in Brazil. This paper intends to show that the evolution of the regulatory agency responsible for GMOs reveals a political practice which is not based on commonly agreed rules but rather on regimes of exception, in which the legal system has consistently been violated in the name of governability. Copyright , Beech Tree Publishing.

Date: 2009
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