Crédito de carbono no contexto brasileiro: aspectos fiscais

Abstract

The objective of this work is to carry out analysis of the carbon market in Brazil and the tax consequences in its commercialization. The methodology used will be qualitative, bibliographical, and exploratory research. The central issue will be to deepen the study of the legal nature of carbon credits in Brazil and what is the most appropriate tax policy to be adopted in this market. The work deals, firstly, in presenting a brief history of how the carbon market emerged, from the Framework Convention, the Kyoto Protocol and the changes brought by the Paris Agreement and the COP's to effect the transition of the Clean Development Mechanism (CDM), for the Sustainable Development Mechanism (MDS). Second, we deal with the concept of sustainability, the carbon market, and the role of tax law as an inducer of conduct. Thirdly, we address the market for certified reductions in Brazil, the legal regime, and the legal nature of carbon credits. In the fourth topic, we deal with tax aspects, the tax policy applied, and the taxes levied on the sale of NDC ́s. These topics are organized to answer the central question of the study, which is: what is the legal nature of the carbon credit and what are the effects on the fiscal policy model adopted in this market by Brazil? The main conclusion is that the carbon market has proven to be fundamental in the development of policies to mitigate climate change caused by pollution, and that tax law can be used as an instrument to promote public policies for protection and sustainable economic development.