Economia a Serviço do Meio Ambiente: Instrumentos Econômicos em Prol da Tutela Ambiental no Brasil

Abstract

This study is a basic, bibliographic, and documentary research that describes, using qualitative and deductive methods, the utilization of economic instruments for the benefit of the Brazilian environment. The growing global concern for environmental protection, particularly after the Stockholm Conference in 1972, resulted in the incorporation of sustainability principles into the National Environmental Policy (PNMA), established by Law No. 6.938/1981. The Federal Constitution of 1988 enshrined environmental protection as a fundamental right guaranteed by society and the government, while also regulating and limiting various economic activities that could harm nature. This enshrinement in the Brazilian Constitution reinforced several economic instruments for environmental protection outlined in the 1981 law, such as forest concessions, environmental easements, environmental taxes, environmental insurance, public financing, and, finally, Payments for Environmental Services (PES), which were examined in a dedicated chapter. The latter instrument initiated discussions dating back to the late 1990s, culminating in the formulation of Bill No. 792-B in 2007, which defined environmental services. However, despite existing initiatives in Brazil, such as the pioneering Producer Water Project by the National Water Agency (ANA), it was only in 2021 that Law No. 14.119/2021 established the general conditions for the operation of this instrument. As a result, it was determined that compensating individuals or entities for environmental protection is crucial for promoting and ensuring the maintenance of ecosystems.