Compensação ambiental derivada de empreendimentos de significativo impacto ambiental: uma análise histórica e funcional na esfera federal

Abstract

Significant changes in the environment made by human actions make environmental damage recurrent. Searching for viable alternatives that would lead to the minimization of these damages, the Brazilian State regulated measures and laws, among them the Environmental Compensation (CA), instituted by Federal Law No. 9,985 / 2000. CA is an important instrument for the preservation and conservation of the environment, however, it has undergone constant changes and still faces problems involving, mainly, the calculation of the value of the cash benefit. With a view to understanding the CA resulting from undertakings causing a significant environmental impact, at the federal level, the present work addressed the laws and rules that govern it through the rescue and analysis of relevant documentation. In terms of defining criteria and standards to ensure the application of legislation, much has been improved. However, it is not enough to guarantee the safe and reliable applicability of the Environmental Compensation, being necessary new improvements, as to disassociate from the calculation base the costs of the implantation; remove the ceiling fixed for the degree of impact and determine the possibilities for implementing the resource.