The present scientific research has as scope the study of transgenic foods and their commercialization in Brazil from a legal perspective. The scientific conflict will be analyzed with regard to the consequences of these foods, which do not yet have concrete safety tests. Their results are uncertain in the long term, and the dilemma between transgenics, principles and constitutional rights arises. The biosafety law (Law 11.105 / 05), biotechnological advances and the responsibility of the State to address this problem were also discussed. The research will mainly employ the deductive method and methods of research based on bibliographical reviews and jurisprudence on the subject.