In March 2026, IBAMA launched Operation Guardians of Biodiversity, aiming to investigate the use of traditional knowledge associated with biodiversity by companies that develop and market products derived from natural resources. The operation targeted 47 companies, primarily from the cosmetics and pharmaceutical sectors, but also encompassing activities related to pigments, sanitizers, and phytotherapeutic products.
The operation was carried out in 12 states (Amazonas, Amapá, Bahia, Ceará, Espírito Santo, Minas Gerais, Pará, Pernambuco, Paraná, Rio de Janeiro, Rio Grande do Sul, and São Paulo) and, to date, has resulted in 51 infraction notices, with approximately R$ 2.2 million in fines imposed.
As a consequence, the companies cited must regularize their activities and are subject to administrative sanctions stipulated in environmental legislation, including fines and other applicable measures.
According to IBAMA (Brazilian Institute of Environment and Renewable Natural Resources), the identified situations involve the use of traditional knowledge of indigenous peoples and traditional communities—especially those associated with native species such as annatto, aroeira, jagube, and chacrona—in violation of legal requirements. Among the main points observed are: (i) access to traditional knowledge of identifiable origin without the proper formalization of prior informed consent; (ii) absence or inconsistency in the indication of the origin of knowledge in economic activities and intellectual property applications; and (iii) pending issues related to the registration or notification of products in SisGen (Brazilian System of Genetic Information).
From a legal perspective, these aspects are governed by Law No. 13.123/2015 and Decree No. 8.772/2016, which establish regulatory obligations such as the registration of activities in SisGen, obtaining prior informed consent when applicable, and the sharing of benefits arising from economic exploitation.
The operation highlights the institutional strengthening of monitoring and oversight activities, while also signaling the importance of adopting good regulatory compliance practices by companies working with Brazilian biodiversity assets. Therefore, special attention to traceability and documentation mechanisms related to access to national genetic resources and, potentially, associated traditional knowledge is highly recommended, including the careful verification of regulatory compliance, the consistency of information declared in SisGen (Brazilian Genetic Information System), and the proper management of technical and legal data throughout the research and technological development chain of products.
This newsletter is exclusively institutional in nature and presents general normative and administrative aspects related to the topic.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Coordinator and Partner of the Environmental, Regulatory and Biodiversity Law area.
Juliana Robles Tasca juliana.tasca@nascimentomourao.adv.br
Lawyer in the Environmental, Regulatory and Biodiversity Law area.
