Os instrumentos de incentivo à produção e uso de biodiesel no Brasil: uma análise constitucional sob o princípio do desenvolvimento sustentável

The recent insertion of biodiesel derived from oily vegetables in the Brazilian energetic matrix calls for the study of some aspects that belong to it. The analysis of the carbonized energetic pattern concerns the paradigm of economic development that is constitutionally enshrined sustainable development which make environmental protection compatible with the needs of the economic rationality. This text is structured according to the ideas of modern hermeneutic that sees substantial value in the principles capable of create a harmonious relationship between law and society. The study of the constitutional principles to conduct a legal analysis about the National Program for Production and Use of Biodiesel - PNPB. The aim of the research is the study of PNPB ahead with the constitutional principles governing the economic order. To achieve this end we studied the sustainable development as a constitutional principle. We start with the notion that the thematic principles, and fundamental to understanding the dimension of sustainable development institute, since its concept is closely related to the applications of the principles enshrined in virtually all the constitutional order of the Western world. Then this was the National Energy Policy, initiating the approach by guiding principles of the National Energy Policy to develop the theme of public policy in the energy sector. Therefore, we studied the National Program of Biodiesel Production and Use - PNPB. From a technical introduction to the concept of biodiesel and a brief historical background, analyzing their advantages compared to fossil fuels predominantly used. Then it became a regulatory overview of the Brazilian legislation on the subject, central to understanding the plans and objectives pursued by the Brazilian government with encouraging the production of biodiesel. Finally discussed the tax incentives for production and use of biodiesel in Brazil. From the idea of federalism, characterized the tax as an instrument of state intervention in the economy. And finally it brought the tax incentives of Law No. 11.116/2005 in the face of the constitutional principles of economy and tax, and tax incentives from projects related to the Kyoto Protocol

Bioenergia e exclusão regional: a não política nacional agroenergética e os girassóis do RN

This doctoral thesis presents an analysis of the production of bicarbonates and related regional development in Brazil. It is widely believed that one of Brazil s vocations lies in the agro-energy sector. However, current national agro-energy policies, together with the experience of Petrobras (the national oil company) in rural settlements in the state of Rio Grande do Norte, show that Brazil has fallen short of effectively including the North and Northeast regions of the country, let alone small-scale rural producers (residing in rural settlements or not), in the development process and related benefits from the country s participation in the current world energy grid. The methodology entails secondary research related to the theme, such as books, official documents, websites and statistical databases from diverse sources, in addition to an analysis of statements from interviews of Petrobras representatives and other important scientific, institutional and labor union authorities, in relation to agro-energy issues and the socio-economic participation of family-based agriculture in this process. Principal findings show a correlation between agro-energy and regional development, creating the potential for numerous opportunities and challenges. Findings demonstrate the possibility of reversing/reducing historically rooted indices of hunger and poverty that continue to devastate the North and Northeast regions. At the same time, the thesis points to a potentially catastrophic increase in regional disparities, should the present historic moment not be seized upon so as to include these regions. Classic examples of non-policy at the federal level are presented as evidence of the absence of a regionally focused agroenergy policy in the current government, reinforced by the experiences of Petrobras in the Rio Grande do Norte rural settlements. Finally, the thesis concludes that there is an urgent need to create a government-sponsored enterprise (with a structure similar to Petrobras) with the purpose of implementing a truly broad and inclusive development process for the bicarbonates production sector, while remaining attentive to Brazil s opportune and critical role in the world s current agro-energy scenario.