Aspectos jurídicos do uso de instrumentos econômicos na gestão ambiental: a nova política de recursos hídricos no Brasil

Abstract

This article examines legal aspects of the effective implementation of the user-pays principle as a new tool for environmental management in Brazil. The necessary elements for the adoption of fiscal instruments are presented as a way to charge for the use of environmental resources and, given the complexity and legal restrictions associated with new taxes, it is shown that the category of public prices is the most adequated for desired objectives. As a concrete case study, the legal structure behind the reforms in the Brazilian water management system is discussed, concluding that the gaps yet remaining in the implementation of the new legislation will certainly lead to a considerable number of legal disputes.