Integrando instrumentos econômicos ambientais na construção do direito ambiental municipal

Abstract

The present Dissertation is inserted into the research line on Environmental Law, Public Policies, and Socioeconomic Development, of the graduate program in law at the University of Caxias do Sul. The aim of this work is to understand and identify the use of economic instruments in municipal legislation, with Brazilian capitals as a case study. Using the deductive method and through the analysis of bibliographic works, the work is structured into three chapters. In the first, a study is developed about the Municipality's position as a co-protagonist since the 1988 Constitution, which endowed it with competencies and capacities, giving rise to a new autonomous branch of Public Law, Municipal Law, and highlighting its role in environmental matters. In the second, the economic foundations of environmental protection are analyzed, including its conceptions, theories, and principles that led to Environmental Policy, its classification, and typology of instruments. Thus, in the third chapter, a municipalenvironmental system structured from Environmental Policy and its instruments is studied, while analyzing the research results identifying the existence or non-existence of legal provision of economic instruments in specific local legislation. In conclusion, it is understood that there is still a path to be followed in the knowledge and understanding of economic instruments as a tool of Environmental Policy, notably, embryonic understanding in most Brazilian municipalities, resulting in an anemic municipal environmental policy, or its total non-existence. [resumo fornecido pelo autor]