From Command and Control Policy to Environmental Promotionalism: The Political-Instrumental Transition About Environmental Preservation in Brazil

Objective: The main objective of this work is to analyze this transition, especially with the institution of payment for environmental services (PSA) and therefore the change of paradigm, that is, from a policy based on the polluter pays to one that has as a primary foundation the protector of the environment as rewarded for promoting the ecological quality of its services. Theoretical Framework: The theoretical framework adopted is the work, Payment for Environmental Services (PSA) as an instrument for implementing the protector-receiver principle (PRP): Initial notes from the promotional function of Environmental Law, by Leonardo Papp. Method: The method adopted in the study is the research of specialized literature, with a qualitative approach, with the bibliographic reference as the main procedure, with the survey of works being analyzed using the deductive method. Results and Discussion: Regarding results and discussions, regarding the paradigmatic transition, the PSA represents a significant change, moving from a traditional approach based on the polluter pays to one that values ​​the environmental protector as rewarded. Research Implications: Regarding research implications, the paradigm transition can influence the formulation of public policies, governments can consider PSA as an effective tool to encourage environmental conservation and restoration, stimulating rural landowners, local communities and companies to adopt sustainable practices. Originality/Value: The present study presents an innovative approach, in addition, the research adopts the promotional ideology of law as the basis for the PSA, a perspective little explored in the literature. The value of this research lies in its contribution to the debate on the effectiveness of PSA as a mechanism to encourage environmental conservation.