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

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 b...

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Bibliographic Details
Published in:Science & public policy 2009-02, Vol.36 (1), p.61-71
Main Author: Pelaez, Victor
Format: Article
Language:English
Subjects:
Brazil
Food safety
Genetically modified foods
Genetically modified organisms
Government regulation of business
Policy studies
Public policy
Regulation
Science and technology
Soyabeans
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Summary: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.
ISSN:0302-3427
1471-5430
DOI:10.3152/030234209X403235