[Legal protection of the genetic heritage in Brazil (comments on the new "Biosafety Law" of March 24, 2005)].

The purpose of the current article is to outline and comment the most important aspects of the regulation of Brazil's criminal legislation about the protection of the human genome, which establishes crimes related to genetic manipulation and to the dissemination of transgenics in the environment. It also refers to the problems related to the application of the old legal text (Law 8.974/1995), which punished conducts that stayed without the enough development. These gaps complicated so much the application of those rules that the Brazilian Parliament has recently proposed the complete modification of the present legislation by a new Biosecurity Law (Law 11.105/2005). This law for the first time authorizes research with human embrionyc stem cells in Brazil, trying thus to solve in this way the problem of cryoconserved human embryos produced by in vitro fertilization programmes. The new law is analyzed here from a legal and ethical view point.