Regulamentação do mercado de créditos de carbono no Brasil: desafios e perspectivas

Abstract

The carbon credit market emerged as a tool to address climate change by incentivizing the reduction of greenhouse gas emissions. Rooted in international agreements such as the Kyoto Protocol and the Paris Agreement, the market has evolved to include several legal and economic frameworks around the world. In Brazil, the establishment of Law No. 15,042 of December 11, 2024, which established the basis for the creation of the Brazilian Greenhouse Gas Emissions Reduction Trading System, marks a significant but not decisive step in the process of regulating the sector and formalizing the country's participation in this global initiative. The main objective of this paper was to examine the origins and legal concepts of carbon credits, the national regulatory framework, and the prospects for the Brazilian carbon market, highlighting its potential for economic, social, and environmental impact. The study proposed to discuss the parameters for the functioning of the carbon credit market in Brazil and its origins, using the exploratory methodology and bibliographic research based on international studies and regulations addressing its origins, legal concepts, the Brazilian regulatory framework, including Law No. 15,042/24 which institutes the Brazilian Greenhouse Gas Emissions Reductions Trading System, and its perspectives, highlighting its role in promoting sustainable development and combating climate change. In conclusion, the paper also explores the competitive advantages of the Brazilian market, including its biodiversity, clean energy matrix, and strategic sectors such as renewable energy, low-carbon agriculture, and forest conservation. It emphasizes the need for harmonized policies, technological innovation, and inclusive participation of small producers and traditional communities. Through critical analysis, the research presents incentive mechanisms and investment strategies, such as the establishment of a national carbon exchange, the promotion of public-private partnerships, and the development of climate finance funds. It highlights the integration of carbon projects with the United Nations Sustainable Development Goals (SDGs) as an opportunity to increase their global appeal and amplify social and environmental impacts. The conclusions highlight the importance of addressing challenges related to bureaucracy, environmental reputation, and technological limitations. Integrated climate governance and the recognition of co-benefits of carbon projects, such as biodiversity conservation and income generation for local communities, are essential to strengthen the market. Brazil's natural and strategic advantages position it as a potential leader in the global carbon market, provided that the suggested measures are implemented and international cooperation is prioritized.