duties of all involved in this activity, including consumers themselves. It is, in short, a true set of legal norms aimed at providing transparency and stimulating the food process in general, with respect to the experience and culture of the peoples who create itThe sphere of visible dogmatic interconnection with systemic couplings—such as environmental law, consumer law, cultural heritage protection, and intellectual property—without prejudice to other domains, is evident. For some, gastronomic law is a holistic science28, since food is treated simultaneously as product, culture, and human necessity. From this perspective, it must combine principles of safety, market regulation, and heritage protection. This approach deliberately seeks to unveil “culinary law” within the framework of traditional food law, whose axes are often shaped by sanitary aspects to the detriment of culture and identity-related issues29. A different position aggregates to gastronomic law a communitarian and geographical orientation, attributing to regulation not only the dimension of safety but also the inclusion of cultural values, traditional practices, and territorial bonds. In this view, geographical indications and the protection of culinary traditions as manifestations of collective identity gain particular prominence30. Other research identifies in the dimension of “culinary intellectual property” the conceptual delimitation of the discipline, through the understanding of recipes and gastronomic creations within the scope of copyright law, while also highlighting aspects of trade secrets and differentiated quality regimes31. At this point, some authors even propose a fourfold taxonomy of recipe development, classifying them as “open,” “institutional,” “branded,” and “emblematic.” Such categorization allows functional solutions in potential legal disputes concerning culinary identity, cultural appropriation, and intellectual property rights32. Gastronomy studies the history, cultivation, preparation, presentation, and tasting of food and beverages, considering physical, chemical, biological, and 28 ELBERS, Jorg. Ciência holística para o bem viver: uma introdução. Centro Equatoriano de Direito Ambiental, Quito, 2013. 29 SCAFFARDI, L.; Zeno-ZENCOVICH, V. Cibo e diritto. Una prospettiva comparata. v I e II. Roma: Romatrepress, 2020. 30 ECHOLS, Marsha A. Community and geography in a holistic approach to food law. In: Research Handbook on International Food Law. Michael T. Roberts (ed.). Edward Elgar Publishing, 2023, p. 183–197. 31 Buccafusco, Christopher J. On the Legal Consequences of Sauces: Should Thomas Keller’s Recipes Be Per Se Copyrightable? 24 Cardozo Arts & Ent. L.J. 1121 (2007). https://scholarship.kentlaw.iit.edu/fac_schol/152. Com acesso em 08-01-2026. 32 BORGHINI, A. et al. Recipes, Their Authors, and Their Names. (2020). Humana.Mente 13 (38): 143-162. 74 FERNANDO RODRIGUES MARTINS | MIGUEL CABRAL DE ARAÚJO MARTINS
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