POLÍTICA NACIONAL DE PAGAMENTO POR SERVIÇOS AMBIENTAIS: UMA ANÁLISE DA LEI Nº 14.119/2021
Luís Fernando Teixeira Canedo, Francis Lee Ribeiro
Abstract
The purpose of this article is to investigate, from a legal and economic perspective, the recently passed Law 14.119/2021, which provides for national policy and the federal program for payment for environmental services – PES. To this end, we conducted research to identify the state of the art regarding PES with Scopus and Web of Science databases and reviewed the applicable legal bibliography. In relation to the analytical framework, we examined the draft laws on PES available on the site of the Chamber of Deputies, the Federal Senate and the respective opinions produced. We conclude that the text is balanced, because it complies with the precepts of the environmental economics and those of the ecological economics. It follows that the efficiency of the programs must be observed, which may attract private and international investors, without prejudice, on the other hand, to establish as priorities the services provided by traditional communities, indigenous peoples, family farmers and rural family entrepreneurs in the federal PES program. We also found that Law 14.119/2021 is in perfect harmony with the principles of Environmental Law, the Federal Constitution and the current legislation, including international environmental treaties to which Brazil is a signatory.Keywords: Environmental policy; payment for environmental services; national policy for payment for environmental services; federal payment program for environmental services; efficiency and equity.