A COMPENSAÇÃO AMBIENTAL COMO INSTRUMENTO DE POLÍTICA AMBIENTAL

• Autor(a) principal: Fonseca Junior, Zenóbio Mendonça da
• Data de Publicação: 2005
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal Fluminense (RIUFF)
• Texto Completo: https://app.uff.br/riuff/handle/1/18228
• topic: Licenciamento ambiental; Compensação Ambiental; Unidades de Conservação; Preservação ambiental; Environmental licensing; Environmental Compensation; Units of Conservation; Environmental Preservation; CNPQ::ENGENHARIAS::ENGENHARIA DE PRODUCAO

This essay objectivates the realization of a critical analysis of the institute of environmental compensation as a political instrument of environmental conservation, under the national judicial disposition of Federal Law nº 9.985/2000. To that effect it was necessary to realize a perfunctory approach to the procedure of environmental licensing at federal level, assessing the relevant aspects of this instrument of command and control upon the preservation of environment, its historical evolution, conceptualization of the Power of Environmental Police, approaches about doctrinary divergencies of judicial nature of environmental licensing and its connection with the institute of environmental compensation and the conflicts of jurisdiction deriving from the environmental procedure and the types of ambiental licenses. With the conceptual aspects of environmental licensing and its role as instrument of environmental policies, integrated into the National system of environmental policies, as established under Federal Law nº 6.938/81, settled and discussed, analysis turns to the institute of environmental compensation, based upon article 36 of the Law of the National System of Conversation Units SNUC, when it becomes imperious to realize a chronological description of the entire historical process of the origin of the institute and its normative modifications, as well as notions about the Units of Conservation, the doctrinal and judicial positioning of the judicial nature of environmental compensation, the study of the basics of the paying-polluter and paying-user in relation to environmental compensation, and finishing with a critical approach on the importance of environmental compensation as an instrument of politics and preservation of the environment and its objectives expressed in SNUC´s law, taking into consideration the concept of the sustainable cities, the environmental damage, and the improvement of environmental quality of the urban society.