Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional

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Navegando Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional por Autor "Benatti, José Heder"

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    A precificação dos serviços ecossistêmicos e o pagamento por serviços ambientais
    (Centro Universitário do Estado do Pará, 2014) Ribeiro , Maria Leopoldina Coutinho da Silva; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Benatti, José Heder; http://lattes.cnpq.br/0592012548046002
    This dissertation aims to study the pricing of ecosystem services as a means of enabling a system of payment for environmental services, considering the assumption that environmental services have quantifiable economic value. Public policies of command and control have not been able to solve the environmental problems alone satisfactorily, requiring a combination of other strategies such as the economic instrument payment for environmental services. Considering the peculiarities of Brazilian society it was realized that, despite the importance of imposition instruments in the environmental field, the ability to provide other means of which men can serve to pursue sustainable development is mandatory. Payment for environmental services – a market instrument - seeks to encourage those who maintain an environmental service. It has already been used in some countries that have adopted this economic instrument in order to improve, restore or preserve environmental services including Costa Rica, New York and Mexico, whose experience was analyzed in this study. It presents relevant definitions of environmental services and the main species of these services where most of the payments for environmental services are included. It also examines the central ideas of the principles that relate mostly to the payment for environmental services: the user-compensator principle, the polluter-compensator principle and protector-incentive guided principle. It was, similarly, discussed the Bi o. a its additions to establishing a National Environmental Services Policy.
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    Litigância climática e desmatamento na Amazônia
    (Centro Universitário do Estado do Pará, 2023-03-16) Carvalho, Emerson Benjamim Pereira de; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Benatti, José Heder; http://lattes.cnpq.br/6884704999022918; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
    This master's thesis proposes a study regarding the reasoning behind the decisions of the Federal Supreme Court and the Superior Court of Justice, issued in civil proceedings, related to litigation about deforestation in the Amazon, in order to find out what are the parameters and criteria adopted by them Courts to identify and judge these conflicts, examining whether they have an argument from the point of view of anthropogenic climate change. The issue is relevant, as the STF and STJ are the country's courts in charge, respectively, of interpreting the Federal Constitution at the highest level of jurisdiction and standardizing the exegesis of federal legislation; the themes of degradation of the Amazon Forest, the greenhouse effect, global warming and anthropogenic changes in the climate are of concern to the entire world, in view of the risks to climate integrity and species survival; and because deforestation in the Amazon is the factor that most contributes to the emission of greenhouse gases in Brazil and consequent national global warming. The objective of the investigation is to know if the STF and the STJ perceive these conflicts as a climate dispute and what are the legal arguments that make up the reasoning of the decisions. The methodology used made use of the deductive method, a qualitative approach for the discussion of the subject, based on a bibliographical review with the obtaining of doctrine in scientific articles, books, analysis of data and documents, legislation, jurisprudence and research on the websites of the STF and STJ. The research revealed that most of the decisions of the STF and STJ do not bring a climate justification, as they do not address whether or not the judged conflict is a climate dispute and, when they are faced with a case of climate change, they do not mention whether it is of the direct or indirect type and do not discuss the legal climate regime. Therefore, it is important that the STF and the STJ judge these disputes, using a climate basis, given the obligations to justify judicial decisions, to act in enviromental education and to act in public awareness for the preservation of the environment, to play a prominent role in climate governance, to provide effective and efficient judicial protection, to act in a qualified manner in the climate emergency and protection of the Amazon Forest, enabling the continuity of all forms of life on planet Earth.