Natureza jurídica do instituto previsto no artigo 36 da Lei do SNUC (Lei nº 9.985/00)

• Autor(a) principal: Procópio, Alviles Adolpho Castellari
• Data de Publicação: 2011
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33206
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS

This study focuses on the analysis of the legal nature of the institute foreseen in Article 36 of the SNUC Law (Law No. 9.985/00), provision that aims to promote a socalled "environmental compensation" of the supposed damage that will or may be caused for activities or ventures of significant environmental impact. For this purpose it was necessary to conduct a research on the doctrine and legislation, of concepts and institutes own of the environmental law, and other branches of law that will be briefly discoursed. Are discussed the principles that guide the constitutional protection of the environment, especially those who keep close relationship with the institutes referred in SNUC law. The environmental impact, pollution and environmental damage, the latter more broadly, were also analyzed, along with environmental impact evaluation, its grounds and some studies that integrate it as well as the legal nature of environmental licensing and its modalities, in order to provide the preparation of a summary about the impact evaluation and the environmental licensing. The National System of Conservation Units - SNUC, likewise, was analyzed and led to the concept of protected areas, further defining its categories. Then, it's developed the study of the "environmental compensation" established by Article 36 of the Law of SNUC. The result of this study is that the legal nature of the institute of the "environmental compensation", payment of which is prerequisite for obtaining the environmental permit, have legal nature of tribute in the species of tax. There is also the unconstitutionality of Article 36 of the Law of SNUC by the occurrence of offense to the principles of legality, equality, separation of powers, and legality of the tax. Faced with this global panorama, comes to the conclusion that it is impossible to admit this so-called "environmental compensation" as a way to repair environmental damage, in the form of indemnity or compensation, should necessarily be considered a tribute, since it covers all the requirements of this legal institute