The Protector-Receiver in Environmental Law
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Published:
Jul 26, 2010
Keywords:
Environmental preservation, Payment, Receiver-protector. Preservação ambiental, Pagamento, Protetor-recebedor.
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Abstract
To achieve the goal of preserving environment there are several legal mechanisms, which have already been widely discussed and established. However, environmental degradation continues to grow. So, to improve the preservation of environmental balance, there are new tools that aim to facilitate environmental conservation, returning, with a financial compensation, to those that respect law and provide relevant services to improve environment. In this sense, the present paper shows a brief analysis of the Brazilian Environmental Law with its principles and instruments aimed at the conservation and preservation of environment, proposing to develop and refine the idea of payment for environmental services, also known as the receiver-protector principle, complementing the polluter-pays and user-pays principles. The aim is to discuss this possibility in the current Brazilian law, based on a review of the Brazilian law and of the relevant literature. We concluded that financial benefits may be granted to those who preserve environment as a way of encouraging and improving the National Environmental Policy.
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How to Cite
da Costa, D. S. C. (2010). The Protector-Receiver in Environmental Law. Revista Brasileira Multidisciplinar, 13(2), 149-161. https://doi.org/10.25061/2527-2675/ReBraM/2010.v13i2.147
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Artigos Originais
1437/5000
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• The author (s) warrant that the contribution is original and unpublished and that it is not in the process of being evaluated in other journal (s);
• The journal is not responsible for the opinions, ideas and concepts issued in the texts, as they are the sole responsibility of the author (s);
• Publishers have the right to make textual adjustments and to adapt the article to the rules of publication.
Authors retain the copyright and grant the journal the right of first publication, with the work simultaneously licensed under the Creative Commons Attribution License, which allows the sharing of work with acknowledgment of authorship and initial publication in this journal.
Authors are authorized to take additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (eg publish in institutional repository or as book chapter), with acknowledgment of authorship and initial publication in this journal.
Authors are allowed and encouraged to publish and distribute their work online (eg in institutional repositories or on their personal page) at any point before or during the editorial process, as this can generate productive changes as well as increase the impact and citation of the published work (See The Effect of Free Access) at http://opcit.eprints.org/oacitation-biblio.html