Aspectos jurídicos do mercado de carbono no Brasil

Abstract

The present study analyzes the legal aspects of the carbon market in Brazil, focusing on the innovations introduced by Federal Law No. 15,042/2024, which established the Brazilian Greenhouse Gas Emissions Trading System (SBCE). The research starts from the premise that the climate crisis and the need for environmental preservation have driven the creation of economic instruments for environmental protection, based on the polluter-pays and protector-receiver principles. Through a bibliographic and documentary review, the study examines the evolution of the carbon credit concept within the Brazilian legal framework, from the National Policy on Climate Change (PNMC) to the current structure of the regulated market. The analysis details the two main assets of the SBCE: the Brazilian Emission Allowance (CBE) and the Verified Emission Reduction or Removal Certificate (CRVE), highlighting the cap and trade model adopted for large emitters. Regarding challenges, the work discusses the impact of the Tax Reform (EC 132/2023) and the controversies surrounding the incidence of IBS and CBS on carbon credits, which sparks debates on tax equality and neutrality. Additionally, it addresses the exclusion of the agricultural sector from the regulated market, despite its relevance in national emissions, and the risks of fraud and double counting, mitigated by the creation of the SBCE Central Registry. It concludes that, although Law No. 15,042/2024 represents a significant advancement in legal certainty, its full effectiveness depends on sub-legal regulation and the harmonization between fiscal and environmental policies to consolidate Brazil as a protagonist in the low-carbon economy.