The protector-receiver and the polluter-pays: the paradigm shift through law nº 14.119/2021 and the importance of promoting environmental services and soft law instruments.

a mudança de paradigma através da lei nº 14.119/2021 e a importância do fomento de serviços ambientais e instrumentos de soft law

Abstract

This article aims to demonstrate how the publication of Law nº. 14.119/2021 impacted the change from the merely reparatory and reactive paradigm regarding environmental protection to a paradigm based on the retributive and preventive model of the protector-receiver principle, which is enhanced due to the presence of soft law instruments and the promotion of environmental and ecosystem services. For greater theoretical depth, qualitative documentary research was used as a methodology regarding the pertinent doctrine on the topic. The respective institutes, principles and consequences of this paradigmatic change were analyzed, concluding that there is in fact a paradigmatic change that occurred through overcoming the reactive and merely reparatory model founded exclusively on the polluter pays principle - and sanctioning law - to the model the protector-receiver principle, encouraged by the publication of Law Nº. 14.119/2021, which deals with the national policy on payment for environmental services (PSA) and by the rules of soft law.