O pagamento por serviços ambientais: dos fundamentos jurídicos à necessidade de institucionalização

Abstract

The main objective of this thesis is to verify the (in)adequacy of the economic instrument, Payment for Environmental Services (PES) to ensure the protection of ecosystem services in the context of the environmental crisis. The latter conceived as a social issue, marked by the tension between humans and the appropriation of natural resources. It is also perceived as a crisis of knowledge, directly related to the proliferation of environmental problems and unable to offer an adequate solution. In order to answer the founding question: "Is the PES an appropriate instrument for the protection of ecosystem services in the context of the environmental crisis?", it was elaborated a bibliographical and a documental research with legislative primary sources and studies about the actual use of the object, looking for understanding of the theoretical world and the praxis, allowing to know the contradictions between them. The specific objectives were as follows: a) To study the process of transformation of the concept of wealth within the economic thought, from the environmental crisis and marginalization of nature; b) To investigate the internalization of negative external strategies designed by the Environmental Economics and received by the law, on the limits offered by the Law of Entropy; c) To find the conceptual difficulties that permeate the ecosystem services and their traditional evaluation methods, facing the possibility of a new approach for the construction in terms of evaluation of ecosystem services, based on Ecological Economics; d) To analyze the legal basis, the different conceptual perspectives and the types of Payment for Environmental Services (PES); e) To scan the implementation experience of Payment for Environmental Services (PES) in Costa Rica and Brazil, outlining the future prospects of this instrument in the Brazilian context. Each of them corresponding to one of the chapters that ordered the issue. The survey confirmed its hypothesis in order to understand the inadequacy of PES for the protection of ecosystem services in the context of the environmental crisis. It was noted, however, that the Ecological Economics may bring some support in the scope of thinking up new design for the instrument as well as distinctive approach to evaluating ecosystem. In this perspective, we seek to reflect on its effectiveness and applicability, through necessary and indispensable legal instruments, such as environmental zoing and contracts that implement the legal framework and Payment for Environmental Services, guaranteeing and providing ecosystem services, guaranteeing and providing ecosystem services. The result is a legitimate way of protecting the environment. [resumo fornecido pelo autor]