Tutela jurídica dos sistemas de compensação por serviços ambientais

Abstract

Environmental services and ecosystem services are expressions that indicate different theoretic objects. The environment provides ecosystem services to the human society without costs. Environmental services are the opposite, indicating human actions to benefit the environment. In this way, any person or legal entity that protect, keep, conserve and manage environmental goods or ecosystem that provides ecosystem services is an environmental services provider. Due to protector-receiver principle, this provider can be rewarded for it’s own services, but not for the ecosystem services arising. This reward can go through different economic instruments such as incentives or payments in compensation systems of environmental services, being the beneficiaries defined by law or contract. Such systems, however, not to be confused with the well-known payment schemes for environmental services (ESP), because those are the genus from which the ESP is specie, configured only when there is additionality and willingness in providing environmental services. Thus, several existing compensation systems that are called payment for environmental services, in fact, correspond to other forms of compensation that cannot be regarded as environmental services. This is the case of “Bolsa Verde”, “Bolsa Floresta do Amazonas” and Barcelos (AM) Sport Fishing ESP. This conceptual mistake produces practical consequences, as the possibility to access resources funds destined to environmental protection, supported by programs that are simply income transfer policies. This situation indicates that the main problem is not legal, but conceptual, because the existing Brazilian legislation is adequate. In synthesis, it is necessary a detailed study about the legal protection of compensation systems, mainly at Brazilian Amazonia.