It should be noted, however, that prior to registration it is common to encounter equally complex negotiations that depend on the concrete involvement not only of producers and state agencies but also of stakeholders (including consumers), with the purpose of delimiting areas, setting production criteria, and establishing structural organization of governance and compliance.74 It must be emphasized, for better understanding, that the acquisition of a geographical indication for food enables the transformation of values, recognition of tradition, and, above all, guarantees the authenticity of the product placed on the market. It generates intellectual property rights, also within the gastronomic sphere, and provides visibility to the dynamics of traditional communities.75 In Brazil, the processes of geographical indication (GIs) are regulated by Ordinance INPI/PR No. 4/2022 of the National Institute of Industrial Property, associating products and services with specific geographical indications and recording their qualities, reputations, and regional characteristics, thereby enabling the necessary historical records of national gastronomy.76 It is appropriate to note that registration procedures may, on certain occasions, reveal tensions between culture and geographical indication with aspects of quality (derived from sanitary criteria), creating conflicts between producers’ free enterprise and consumers’ rights (both fundamental rights). All of this, however, is subject to resolution not only through extra-legal scientific criteria but also through techniques of balancing, reasonableness, and rationality, which resolve conflicts between fundamental rights in order to guarantee coordination and harmony.77 Coordination and harmony, it must be insisted, have always been the foundations of gastronomy. Throughout its existence and development parallel to civilization, gastronomy has relied precisely on the “harmony of flavors,” the “experience of knowledge,” the “coordination of seasonings,” or even the “amalgam of tannins” to consolidate the most appropriate secular tastings of food Regulation. Constantinos A. Georgiou (coord). Reino Unido-Chichester: John Wiley & Sons, 2017. 74 FARMER, E, A. Delicious enigmas: legal geographical indication regimes in Bordeaux and the United Kingdom. 2013. 75 Tilt, David. (2024). The Legal Process of Transformation: Exploring the Interactive Relationship Between Cultural Heritage and Geographical Indications (GIs). Law and Visual Jurisprudence Journal v. 12, p. 403-416. 76 See: https://www.gov.br/inpi/pt-br/servicos/indicacoes-geograficas. Accessed on Jan. 21, 2026. 77 ANDRADE, José Carlos Vieira de. Os direitos fundamentais na Constituição Portuguesa de 1976. Coimbra: Almedina, 2021, p. 225. Teaches: “To accept the freedom of individual action, but only insofar as it does not intolerably harm the idea of human dignity. Another approach would be the inverse: to constitutionally subordinate individuals to the principles of equality and the submission to fundamental rights as imperatives, which should only be set aside in cases where such imposition intolerably harms the agent’s freedom.” 84 FERNANDO RODRIGUES MARTINS | MIGUEL CABRAL DE ARAÚJO MARTINS
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