Brazil is one of the magediversity countries in the world, and it is also the main provider of genetic resources in the world. China and Brazil have a similar conditions, the papers summarize origin and development of legislation of genetic resource in Brazil, analysis the procedure, management mechanism, benefit sharing in existing laws of access to genetic resources and benefit sharing. It will provide some reference for the domestic legislation in China. Brazil was already aware of the importance in protecting their own biological genetic resources. In order to further protect its genetic resources, in 2001, the Brazilian government announced “the provisional protection regulations of biodiversity and genetic resources of Brazil”. Subsequently, the provisional regulations were amended for several times. In 2015, a form of constitutional amendment, the Law 13.123, was signed by the president and issued. Brazilian legislation have more distinguish and explain for the concepts and terminology than those of Nagoya protocol, and made separate provisions for acquisition, approval, transfer, benefit sharing, administrative penalties and other content of the biological genetic resources and traditional knowledge, set up a "Genetic Heritage Management Council (CGEN)", establish “national fund to benefit sharing (FNRB)”.