A regulação do mercado de carbono no estado do Amazonas: críticas e desafios na implementação do sistema

Abstract

The objective of this research was to provide an overview of the commercialization of carbon credits, covering foreign experiences on the matter, focusing on the European and American markets, their respective critics and defenders, as well as how local reduction projects of greenhouse gases can become a qualifying asset in the Brazilian economy. The focus of the work was directed to the implementation of the mechanism in the State of Amazonas, considering the high potential for capturing carbon dioxide and related gases, discussing the constitutional and legal matrix on the matter, having as a substrate the practical difficulties that already exist, in the marketing of these credits. Thus, in the first chapter, the aim was to discuss three central approaches to the correct understanding of the carbon market, namely, the historical origins of the institute, defining how this type of bioeconomy has consolidated itself as a guiding axis for actions aimed at development. sustainable today, highlighting the importance of Eco-92, the Kyoto Protocol, the Glasgow Pact for the purpose of strengthening the program, highlighting the role of the UN 2030 Agenda in this process; the carbon market from the perspective of public evidence policy, demonstrating how the insertion of the model presupposes the study of scientific evidence, including external, with the aim of improving it and shaping it to the Brazilian reality; and alternative methods for reducing greenhouse gases, such as carbon confinement and blue carbon, indicating current projects in operation abroad, as well as drawing parallels between the benefits and burdens of the instruments compared to the commercialization of carbon credits. The second chapter dealt with the internal regulations on the carbon market, from the perspective of legislative evolution since the National Environmental Policy, Law N.º 6,938/81, going through constitutional impositions, the Clean Development Mechanism, changes to the Code Forestry, among others; Along with such data, we sought to describe the practice, in a simplified way, of trading carbon credits, discussing specific cases that occurred in the national territory, such as the Suruí, Juma and Ecomapuá Amazon REDD Forestry Projects, among others; Furthermore, comments were made on international experiences, discussing favorable arguments, such as that of Richard L. Sandor and Michael Grubb, contrary arguments, by Larry Lohmann and Naomi Klein, and intermediate arguments, by Denny Ellerman In the last chapter, the implementation of the carbon market in the State of Amazonas was discussed, by discerning the constitutional powers of the entities, the rights and guarantees that must be protected during its implementation, as well as practical disputes that already occur due to lack of regulation in the northern region, citing the conflicts in Portel/PA, described in Technical Note N.º 02/2023-MPPA/MPF, and green land grabbing in the Kayapó indigenous lands. It is concluded that regulation at the national level, via general Union law, is essential to adapt the guidelines set by global organizations, enabling the commercialization of carbon credits and generating a source of wealth and local sustainable development. However, in the absence of such regulations being issued, states and municipalities retain the authority to regulate the matter until the advent of a federal rule, generating protection against biopiracy and the preservation of natural resources. The methodology applied was the deductive method; as for the means of research, bibliography was used, using doctrine, legislation and jurisprudence on the subject; regarding the purposes, the research is understood as qualitative.