A POLÍTICA NACIONAL DE PAGAMENTO POR SERVIÇO AMBIENTAL UM RETROCESSO?
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Abstract
The article has the goal of discussing the legal-social consequences occasioned by the promulgation of Law nº 14.119/2021, denominated œEnvironmental Services Payment Law, in which the article 9th, single paragraph, foresees the possibility of contemplating, with the environmental services payment (ESP), the proprietors and owners of Permanent Protection Areas (PPAs), Legal Reserve Areas (LRAs) and areas affected by environmental Administrative Limitations. The PPAs and the LRAs, expressly foreseen in the Brazilian Forest Code (Law nº 12.651/2012) are sorts of administrative limitations, destined to instrumentalize the fundamental precepts of article 225 of the Federal Constitution regarding an ecologically balanced environment. Administrative Limitations are, in general, characterized as obligations of general character, destined to ensure a public interest, imposed by the State regardless of indemnities or compensations. As such, the present article has contemplated a dialectic analysis of article 9th, single paragraph, from Law nº 14.119/21, against the Forest Code and the Federal Constitution, regarding the protection of the environment. The result of this analysis has evidenced that Law nº 14.119/21, by providing the ESP to the PPAs, LRAs and environmental Administrative Limitation Areas, has disregarded that by legal nature, preserving and recovering the environment in these areas is an obligation inherent to the right of property, independent of indemnities or compensation. The solution found comes from a systematic interpretation of Law nº 14.119/21, Law nº 12.651/12 and of the Federal Constitution of 1988, prevailing the certainty over the obligation of the proprietors, owners, and detainers in preserving and recovering the environment contained in PPAs, LRAs and environmental Administrative Limitation Areas regardless of contemplation by the ESP.
Keywords: Payment for Environmental Services. Legal Reserve Area. Permanent Preservation Area.
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