Environmental Economics, Environment Law, Environmental Policy, Environmental Damage, Mining.
The main goal of this research is to verify how Law and Economics contribute to the mitigation of environmental damage, especially the one caused by mining activities. To attend this, the following specific objectives were determined:
(i) to understand how Environmental Economics emerged and the main aspects of it;
(ii) to examine the emergence and chronological evolution of the Brazilian Environmental Law, its legal system and the main rules on the subject;
(iii) to verify the existence of interfaces or gaps between the two areas, Law and Economics, regarding the environmental issue;
(iv) to analyze the National Environmental Policy and its instruments to preserve, improve and recover environmental quality.
The thesis was structured in two parts. Part 1 presents how Law and Economics embrace the environmental issue, highlighting the possible interfaces or gaps. Part 2 deals with environmental public policies, especially the mechanisms to encourage the preservation of environmental quality. This research presented evidence that the treatment of environmental damage, given its importance and urgency, requires different fronts of knowledge to be effective. Furthermore, this multidisciplinary gives rise to an alignment of efforts to face more rigorously the environmental problem. Thus, one of the main contributions of this research is the effort to unite Environmental Economics and Environmental Law, in a congruence that here was called Economic Analysis of Environmental Law.