Pagamento por serviços ambientais: justiça socioambiental e proteção jurídica no Brasil

Abstract

The environmental services are indispensable for the maintenance of life and well-being on the planet. The command and control legal instruments represent an important ecosystem protection tool, but they are not sufficient to ensure their conservation and recovery associated with social equity. Recognition of the value of environmental services and the need for encouragement and consideration to those who create the conditions for that are provided by nature, by the maintenance of ecosystems, is an important complementary instrument. The theme proposed in this research includes the study of payment for environmental services and their legal protection in Brazil as well as the analysis of interrelation with relevant socioenvironmental issues to promote sustainable development in the environmental, social and economic. It aims to analyze how the payment system for environmental services can encourage environmentally friendly behavior and contribute to the promotion of sustainable development in its multidimensional aspect, as well as to examine the legal protection of this institute in Brazil. It addresses key experiences implemented in Latin America, such as the National Policies established in Costa Rica and Mexico, as well as some programs developed in Brazil, as PROAMBIENTE, ―Bolsa Floresta‖ in Amazonas, ―Bolsa Verde Federal‖ and ―Bolsa Verde‖ in Minas Gerais. It examines also the main features, experiences and critiques related to carbon markets. It concludes, finally, that the formulation in Brazil of a National Policy of Payment for Environmental Services is needed, as has occurred in other countries in Latin America, with the effective participation and favoring the populations involved, which will contribute to the efficient and legally secure implementation of this mechanism in the country and give effect to the constitutional and legal commands for the conservation of nature, besides serving as environmental and economic development tool. The scientific research was carried out using the deductive method of approach. For data collection, it adopted the qualitative research, literature and documents. KEYWORDS: Payment for Environmental Services; Socioenvironmental Justice; Sustainable development.