Responsabilidade jurídico-ambiental das usinas sucroenergéticas e a recuperação de áreas degradadas

Abstract

In a global scale, the discussion about energy generation has been the topic of many researches, once it is one of the greatest causes of the environment degradation. Concomitantly, researchers assess if the public policies for companies are actually effective for the environmental preservation. In this perspective, this research has the general aim of analyzing the environmental responsibility of the sugar-energy industries under a legal focus for the renewable electric energy production in the state of Mato Grosso do Sul. More specifically, we aim to assess the effectiveness of the public policies related to the practice of renewable electric energy production by the state sugar-energy industries; as well as to assess the state of the art of Brazilian programs related to the recovery of degraded areas or areas in process of soil recovery. For the methodology, we opted by a research based on secondary sources consultation, like scientific papers of both online national and international data base through researches from 2008 to 2017; we also included official data and both federal and state legislations. The mains results showed that the environmental responsibility of those industries reached a triple aspect – civil, administrative and criminal. Regarding to the sustainability of the jurisdictional aspect, we observed that the electric energy co-generator industries may become self-sustainable to both consumed and produced energies, from the legal compliance of international agreements bonded to the adoption of practices like the reduction of the solid residues. With regard to the current public policies for degraded rural areas recovery or in process of degradation, in 2016 the state government wrote a recovery plan that furnished tributary benefits (ICMS tax exemption) to the producers who show, during five years, the positive results of their areas. After this legal period, and proved the positive results, the producers will receive the benefit. Since they are recent public policies that depend on the environmental response after the human intervention, they still did not show effective results but, once complied the laws and respected the areas, the ones firstly condemned will become again productive.