A responsabilidade civil no mercado de créditos de carbono: o ressarcimento de danos

• Ano de defesa: 2025
• Autor(a) principal: Ferreira, Alice Sampaio
• Orientador(a): Donnini, Rogério José Ferraz
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Responsabilidade civil; Crédito de carbono; Integridade ambiental
• Palavras-chave em Inglês: Civil liability; Carbon credit; Environmental integrity
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/46582

The existence of an interest in carbon credit trading stem from the recognition of the harmful role of carbon dioxide emissions on the environment, the importance of environmental preservation for the development of society, and the ideal of an international agreement to reduce this pollutant in the atmosphere. The carbon credit market is a complex entity: it exists as a result of the prospect of preventing environmental damage and reducing future environmental impacts that have already been disclosed, and it creates a new product, previously unimaginable to society, by transforming the reduction of carbon dioxide emissions into a measure for quantifying a market asset: carbon credits. The concern with defining the civil liability of those involved in the trading of carbon credits in Brazil is justified, both because of the importance of this measure as a way of protecting the environment and as a way of enabling the development and strengthening of this market nationally and internationally. How should civil liability, as one of the legal institutions responding to damage during a commercial relationship, be observed in the issuance and trading of carbon credits? The possibility of irregularities in the operation – already verified in the national context – and their specificities guide the discussion of the application of civil liability in this area, making it necessary to discuss which damages are eligible for compensation and under which parameters the duty of reparation should be attributed. The research carried out is predominantly theoretical, performed through bibliographic and documentary analysis, using the deductive method. Initially, we analyzed how the climate crisis has been perceived by contemporary society, marked by the perception of risk, and the creation and development of the carbon credit trading market. The research topic is geographically located in the Brazilian legal system, presenting the way in which our legislators have incorporated environmental protection into the legal system, under the bias of its recognition as a constitutionally protected asset, the enactment of Federal Law No. 15,042/2024, which regulates the trade of carbon credits in Brazil, and the main contingencies involving this trade. It was concluded that irregularities in the issuance and trading of carbon credits cause financial and reputational civil damages to the purchaser of these credits, which must be compensated by the agents involved in the chain of issuance and trading of the environmental asset, under the strict liability regime, and causes indirect environmental damage – resulting from the failure to remove or reduce greenhouse gas emissions – which is not subject to compensation under our current legal system