THE EFFICIENT LEVEL OF PROTECTION AND PUNITION PURSUANT THE ECONOMIC ANALYSIS OF THE ENVIRONMENTAL LAW

Abstract

The article analyses the Brazilian Environmental Law under the Law and Economic (LaE) vision intending the sustainable development. It revises the rules, historical aspects, it detaches the environmental civil responsibility (Chevron Case) and the World Bank´s study about Brazilian´s hydroelectric Licenses (2008). Pursuant the topic cases, it has by objective to verify if the Brazilian environmental premises are attended in an efficient way like rational uses of the natural resources to achieve the sustainable development. I´s justified because is necessary to adequate the environmental rules with the economic development in a sustainable and progressive juridical and economic symbiosis. Towards, it is explained the efficiency concept defended by the LaE for the juridical and environmental decision making; observing mainly the theories presented by Pareto, Kaldor-Hicks and pursuant the Social and Economic Efficiency Principle (SEEP), beside the Coase´s theorem. The used methodology consists in an explicative analysis pursuant inductive boarding method and topical procedure about the studied object by a bibliographic and jurisprudential research. Therefore the economically and developmentally projects can´t exhaust the natural resources and these resources can´t be protect in such a way that implicates economic delay and social exclusion. At this context, is adequate to ask about the efficiency of the environmental economic decision. The article concludes defending the economic and juridical vision of the Brazilian´s environmental rules through the Economic Analysis intending decisions and rules capable to maximize the economic and environmental development in a sustainable way like is defended by SEEP.