Compensação ambiental : uma alternativa de recursos para implementação do Sistema Nacional de Unidades de Conservação da Natureza (SNUC)

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

By this dissertation, it was analyzed the institute of environmental compensation, foreseen in article 36 of Law N. 9985/2000, under the approaches legal, economic-financial and environmental, in order to verify its viability as one instrument for the sustainable development. For this, it was discoursed on the Brazilian normative system of guardianship of the environment, consolidated with the CF/88, that is the bedding of validity of the Law in question; the species of repairing of the environmental damage (natural repairing, indemnity and environmental compensation); the difference between objective environmental responsibility and legal obligation, and the legal nature of the compensation, evidencing that the ambient compensation does not elapse of the objective environmental responsibility foreseen in 1 of article 14 of Law N. 6938/81, but yes of legal obligation to repair the damage, established rank that in potential damage, not yet occurrence, with legal nature of indemnity; also the legislative quarrels had been presented that had culminated with the elaboration of Law N. 9985/2000, as well as had been analyzed the EIA and the environmental licensing, two instruments of the PNMA directly related to the compensation; and, finally, had been argued the procedures and the methodology for collection of the environmental compensation, presenting some recommendations for the improvement of the institute.

ASSUNTO(S)

compensação ambiental repairing indemnity environmental compensantion reparação indenização dano damage ecologia

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