Auto regulação do mercado frente às fragilidades da lei de sementes e de proteção de cultivares de soja

Abstract

Soybean is currently the main crop of the Brazilian Cerrado. The seed production and trade system is governed by the Seed Act No. 10.711 of August 5th, 2003 and cultivar registration is ruled by the Plant Variety Protection Act no. 9456 of April 25th, 1997, which is regulated by the Decree n. 2366 of November 5th, 1997. All the rules for seed usage in Brazil are embedded in this legal system. This systematic is important because it organizes the collection of royalties for breeders and the access of farmers to cultivars and better quality seeds in every season. In this process, the categories of seeds are established in descending order of purity of the cultivar regarding their phenological characteristics as it follows: “Genética” (Genetic, equivalent to Breeder Seed), “Básica” (Basic, equivalent to Foundation Seed), “C1” (Certified Seed 1, equivalent to Registered Seed) and “C2” (Certified Seed 2, equivalent to Certified Seed) which concerns the certified seed system and “S1” and “S2” that refers to audited seeds. In this system, the farmers are entitled to save seeds for own use in their lands. Such permission does not set the size of the area that farmers can make own use and does not establish a form of remuneration to breeders. Thus, a burst of farmers intending to save seeds, planting off-season soybeans, was noted in the 2014/15 season in the Cerrado. This work represents a record and a complied of the actions and industry unfolding to allow the collection of royalties and how it is being arbitrated in the market with contracts by biotechnology companies, attempts to stop the cultivation of soybean off-season, lawsuits against biotechnology companies and farmers’ attempts to obtain lower costs and seed quality compatible with what is ensured by Seeds Act. In conclusion, the seed sector must change its marketing practices and it is necessary to guarantee remuneration to the breeder in cases where the farmer saved seeds in order to ensure the continuity of research and the development of new cultivars