A regulação do mercado de carbono no Brasil

Abstract

This study analyzes the legal structuring of the carbon market in Brazil, addressing its normative foundations and regulatory perspectives. It begins by examining the global climate crisis as a result of decades of high levels of greenhouse gas emissions caused by human activity. Next, it explores the evolution of mitigation instruments at the international level, with emphasis on the Kyoto Protocol and the Paris Agreement, which established the foundations of the carbon credit market by supporting the logic of emission pricing and its role in shaping regulatory frameworks. The study then proceeds to an analysis of the Brazilian environmental legislation and the attempts to regulate the carbon market within the national legal system. As a result, it highlights the institutionalization of both the voluntary and regulated carbon markets in the country, particularly through the recent formalization of the Brazilian Emissions Trading System (SBCE), consolidated by Law nº 15,042/2024. The conclusion is that, despite significant regulatory progress, the SBCE still faces major structural and political challenges that hinder its full potential. It also emphasizes the need for continued national and international efforts to ensure the broad adoption of the carbon market as an effective tool for transitioning to low-carbon economies and mitigating climate change