O instituto da compensação ambiental no contexto da multidisciplinaridade: um caso concreto na UHE Peixe-Angical

Abstract

In the present work, the institute for environmental compensation (IEC) is analyzed within its multidisciplinary preservation of the ecosystems and environmental health. The IEC is shown as the final result of the fusion of several other environmental mechanisms that aim the preservation of the biodiversity that is threatened by highly ambitious entrepreneurs and investors. Due to the quintessential role of the IEC, we focus on the historical and fundamental aspects of development. In order to accomplish these goals, we highlight the importance of environmental ethics to the compensatory nature of the institute, which is fundamental for the consolidation of the IEC as an environmental managing instrument and to the achievement of sustainable development. Following this idea, we analyze the criteria used to evaluate the environmental impact, the environmental compensation, the licensing conditioned to the IEC and the allocation of the resources from the compensation. It is also highlighted the conflict of competencies between the state and federal offices that are simultaneously considered able to license, generating concerns regarding the criteria used to license and thereby evoking uncertainties regarding the technical criteria to elaborate the EIA-RIMA. Taken all together, this work is immersed on a scientific, economic and politic context in which was employed a research method based on the review of other correlated environmental institutes, legislation, publications and other research fields. Taking as an example the construction of the UHE Peixe- Angical, located on the Tocantins River, I analyze the criteria utilized for the calculation of the environmental impact factor, determination of the percentage of environmental compensation and the areas where the resources will be allocated. It is also highlighted the controversial nature of the environmental compensation, whether it is a tax or a reparation based on the principle of the environmental impact causer s responsibility found in the ADIn 3,378. The National Industrial Confederation (NIC) proposed this ADIn, in course at the Supreme Federal Court, that intends to suspend the effectiveness and to declare the unconstitutionality of the environmental compensation based on the fact that this would be only another tax not linked with the environmental damage. Finally, to harmonize the preservation of the biodiversity with the sustainable development it is necessary to consolidate the IEC through the recognition of its reparatory nature.