Direitos De Propriedade E Instrumentos Econômicos De Regulação Ambiental: Uma Análise Das Atribuições Implícitas

Abstract

Considering that, the overexploitation of natural resources is, many times, associated with the lack or insecurity of property rights on resources, goods and services that benefit the society as a whole, this paper sought to explain how the economic instruments of environmental management solve this question. Based on the analytical framework of Property Rights proposed in the studies of Elinor Ostrom, Guido Calabresi and Douglas Melamed, three economic instruments of environmental management (taxation, negotiable certificate systems and payments for environmental services) were analyzed, as well as the Brazilian experience of each of them.We observed that, in trying to set a more efficient and sustainable economic system through internalization of environmental externalities, economic instruments for environmental management engender a variety of tacit property rights' attributions related to the envi-ronment.That is, to achieve efficient results (both environmentally and economically), it is essential that the Law acts in the sense of guaranteeing the legal security of these attributions, formalizing clear institutional arrangements and imposing effective sanctions for those who are not compliant with the legal and economic schemes established for the instruments. It is clear, therefore, that an effective environmental policy cannot dispense a multidisciplinary approach that combines economic and legal sciences.