ANALYSIS OF THE POLLUTER-PAYS PRINCIPLE IN THE ITAPESSOCA RIVER ESTUARY, GOIANA – PERNAMBUCO

Brazil has the largest mangrove areas in the American continent, constituting an important economic resource used by coastal populations in the tropics due to its great diversity, carbon richness and functionality. Objective : To present the critical areas of mangroves and the degradation of the geo-economic mosaic. Theoretical framework : the Pigou-Coase principle was focused in order to understand the restoration structure in mangrove areas, through the polluter-pays principle, focusing on the mangrove conditions in the estuary of the Itapessoca river, Goiana-PE, Brazil, which suffers a high process of environmental decharacterization . Method : Case study based on the reference of R. Yin, with the employment of bibliometrics’ tools (WoS) and mapping mosaic using QGis and SIRGAS software. Results and Conclusions : In the Itapessoca region it can be observed that there is no rigor of use of risk or preserved area, since the principles are the foundation of the rules the legislation is not comprehensive, and there is presence of predatory treatment. Research Impact : Case studies constitute an important type of research as it anchors what is most impactful to local reality vis a vis theoretical platform. Originality: The PPP model applied to the mangrove of Itapessoca-Pernambuco-Brazil.


INTRODUCTION
For thousands of years, the mangrove ecosystem has been an important economic resource used by coastal populations in the tropics. The importance of these ecosystems goes beyond the ecological aspect; many communities living on the coast derive their livelihood from mangroves through artisanal and subsistence fishing; fishermen and shellfish gatherers have in these activities the source of income necessary for their survival (ICMBio, 2018).
Mangroves are one of the most carbon-rich ecosystems whose carbon sequestration is considerably higher than all terrestrial forests. Compared to other terrestrial ecosystems, mangroves are periodically inundated by tides which contribute to the waterlogged, high salinity soil environment and are not adapted to many other natural tissues. Besides being affected by air temperature and vapor pressure deficit (VPD) like other terrestrial forests, mangroves are also strongly influenced by anthropogenic environmental stressors that can be understood and quantified.
The mangroves have great diversity and functionality, and are generally associated with the margins of bays, inlets, bars, river mouths, lagoons, and coastal recesses, where river and sea waters meet, or directly exposed to the coastline. The vegetation cover, contrary to what happens on the sandy beaches and dunes, is installed on recently formed mud substrates, with small slopes, under the daily action of the saltwater tides or, at least, brackish water. It belongs to several groups of animals that use this environment as a source of food, development, reproduction and protection (FERNANDES, 2012).
According to ICMBio (2018) Brazil has the largest areas of mangrove forests on the American continent, with the North coast standing out, which has about 85% of the mangroves, including the largest single stretch of mangrove forest of about 700,000 hectares. These areas are highly productive biological environments and provide ecosystem functions and services such as coastal protection, carbon sequestration, harvestable timber, tourism, and fisheries (SPALDING & PARRETT, 2019).
Identifying the impacts of human activities on the ecosystem requires that the ecological functions of mangroves provide economic benefits, yet the capacity of the ecosystem is often negatively affected. However, economic mechanisms have the potential to tip the scales towards the restoration, maintenance, and protection of mangrove forests.
In this light, we insert in the discussion the polluter pays principle (PPP), which should be applied as a tool both as a collection tool for the state and as an environmental preservation tool. For Sarlet (2017), the principle aims to "internalize in production the ecological costs, preventing them from being borne indiscriminately by the whole society.
Through the use of pertinent literature, this paper aimed to understand the structure of restoration in a mangrove area, through the polluter-pays principle, focusing on mangrove conditions in the estuary of the Itapessoca River, Goiana-PE.
The polluter pays principle is not a concept of equity, but a measure to ensure economic efficiency and minimize distortions in international trade. The polluter is obliged to correct or restore the degraded environment, bearing the resulting burdens, and is not allowed to continue the polluting action. Moreover, it points to the liability of agents before third parties in relation to the damage caused to them, directly or indirectly, due to the degradation of natural resources (ANTAQ, 2021).

Pollluter-Pays Principle
The polluter-pays principle dates back to at least 1920 and is usually implemented through two different policy approaches: command and control and market-based. Pigouvian taxes aimed at correcting externalities are commonly accepted by environmental economists to achieve efficiency.
Based in solids economics principles, public goods are those whose use by an individual, but does not reduce the possibility of their use by others, and there is no competition. Therefore, it is not possible to ration them through a control system (e.g., prices, fiscalization), that is, there is no exclusion. As a result, R. Coase (1960) influenced by observation of externalities, which can be defined as all the impact of a decision on those who have not participated in the provocation, assume that externalities may be negative or positive. The qualification as "negative" designates the damage that this decision entails on production or consumption. In other words, it is the cost-benefit relationship in which what is exercised by an economic agent affects others, without them having the opportunity to prevent it or the obligation to pay for it. In other words, an externality is negative when it entails costs for the other agents, e.g., a factory that contaminates water, affecting the better usage or production of the environment per se. The environmental problem exists because the negative externalities carried out by individual who caused environmental degradation, which in economic terms is designated as an inefficiency or market failure, in other words, the activity carried out by an economic agent reduces the possibilities of production or consumption by others, without any compensation being paid for these losses The PPP furthermore was introduced by the Organization for Economic Cooperation and Development -OECD in 1972. The motivation for the creation of this principle was based of the environmental resources guard, which in general, are limited. The use of these resources in the production of goods generates a reduction in supply and the consequent degradation of the environment. It was called Guiding Principles Concerning International Economic Aspects of Environmental Policies, and its objective was to stimulate action to protect the environment, harmonizing production costs to avoid distortions in product prices internationally (ANUTUNES, 2002).  Brazil, 2017, pp.63 The PPP is rooted in many legal frameworks, as a basis for making the polluter legally bound to bear the costs of pollution prevention and control measures and environmental restoration. Applied in legislation, the PPP is used as a legal principle that helps identify its generator and allocates the environmental costs caused by pollution.
It is widely understood that PPP is the conceptual basis for a variety of national environmental laws in the U.S. and the European Union and international agreements, such as the Declaration of Principles formulated at the 1992 United Nations Conference on Environment and Development in Rio de Janeiro, which expressly addressed the polluter pays principle as follows: National authorities should promote the internalization of environmental costs and the use of economic instruments, bearing in mind that the polluter should, in principle, bear the cost of pollution, taking into account the public interest and without distorting international trade and investment. (UNITED NATIONS ORGANIZATION. Rio Declaration of Principles from the 1992 United Nations Conference on Environment and Development).
In Brazilian law, the polluter pays principle was incorporated into the National Environmental Policy (Law 6938/1981, art. 4, VII) and grounded the adoption, by the same law, of the objective environmental civil liability, making the guilt of the polluter irrelevant for it to be held responsible for the repair of environmental damage (art. 14, §1). The PPP orientation is also identified in the 1988 Federal Constitution, especially in light of its articles 170, VI, and 225, paragraphs 2 and 3.
In short, the polluter pays principle means that those responsible for environmental pollution, and not the entire community, must bear the consequences of environmental degradation. Thus, the principle consists of a cost allocation mechanism for the prevention, elimination, and repair of environmental damage. Therefore, those who cause environmental degradation or carry out activities that may contaminate the environment are obliged to contribute to the resulting costs (BARBOSA and OLIVEIRA, 2006, p. 123).
Therefore, we see that the polluter must pay for the damage caused to the environment as broadly as possible. In our system, strict liability prevails, that is, it is enough to prove damage to the environment, authorship, and the causal connection, regardless Analysis of the Polluter-Pays Principle in the Itapessoca River Estuary, Goiana -Pernambuco ___________________________________________________________________________ Rev. Gest. Soc. Ambient. | Miami | v.17.n.1 | p.1-12 | e03175 | 2023. 5 of guilt. It may seem paradoxical, but the fact that the polluter is obliged to repair the damage caused does not mean that he c a n continue to pollute. It is important to emphasize that this repair must be complete. If restoration is not possible, the polluter must pay compensation in kind, which must be deposited in an environmental fund (Sirvinskas (2017, p.148) .
The PPP states that polluters, deemed responsible for creating a negative external effect, should bear the costs associated with their emissions, i.e., internalize the costs that pollution imposes on the polluted. In this context, it is worth noting that PPP, as advocated, for example, in the legal documents mentioned above, requires polluters to pay, but provides remarkably little guidance on how much they should pay, i.e., what costs the polluters should bear.
Even though the polluter pays principle is intended to correct market failure and the resulting social injustice, this tool still faces resistance in some places, such as in China, which despite the important steps taken to insert PPP as a fundamental instrument of its environmental legal regime, this implementation falls short in one key aspect: it has not sought to support the development of a necessary parallel system of independent third party verification of the monitoring and reporting practices of polluting companies. Instead, verification of reported data is still being carried out by the government itself, through on-site inspections by teams of government agents. In its eagerness to enforce environmental law in a society where polluter violations are the norm rather than the exception, China's government is violating the implicit requirement of the polluter-pays principle for 'independence' in the verification of pollution data (ZAHAR, 2018).

RESEARCH METHODS
The case study is one of the most widely used research methodologies. It has legitimate status as a research strategy and can be used as research methodologies combined with statistics and observational methods such as maps, mosaics and description analyses. According to Yin (2009) the case study is appropriate in three specified matters: a-The first occurs when the case in question is critical to testing a previously stated hypothesis or theory. In this situation the result, allows conclusion of a restricted to a single case, that may ou may not, redirect the focus of investigations from the identification of barriers to the concern with the implementation process; b-The second reason for choosing a case study is that it is extreme or unique; and c-The third situation described by Yin is the revelatory case, which occurs when the researcher has access to a situation or phenomenon previously inaccessible to scientific investigation.
Thus, each case must be selected according to one of the following predictions Yin (2009) explain that "analytic generalization" does not conduct good statement in the case studies.
Also, was used the bibliometric analyses especially in the selection of the literature review. Thus, was based exclusively on articles published in journals, disregarding theses, dissertations, articles published in event annals and other means of dissemination. The searches were carried out on the Web of Science (WoS) and Scopus platforms, using the following keywords: "mangrove", "Itapessoca", "polluter-pays principle". Initially, the combination of the term "polluter-pays principle" with the word "mangrove" was searched; however, due to the lack of results, it was decided to search for the terms "Itapessoca" and "polluter-pays principle" individually. The search was conducted on September 30, 2022, in which, the time interval starting in 2017, until the year 2022. The languages used were English, Portuguese, and Spanish. The search initially resulted in 260 articles. Later, the repeated titles were removed, so that the new quantity corresponded to 188 papers, of which 113 were selected after 6 preliminary reading of the titles and abstracts, among them, 20 addressed case studies in Brazil.

Itapessoca River Estuary and the Polluter-Pays Principle
Despite the wide acceptance of the concept of the polluter pays principle and the already known environmental and social importance of mangroves, there are few examples or case studies involving this ecosystem and the PPP guidelines, in order to visualize the impacts of this policy after its actual implementation.
Giving strength to the understanding that mangroves are an environmental asset of great importance to society, the polluter pays principle should be a tool present in the protection of this ecosystem, always checking the possibility or not of internalizing environmental costs in the price of the product, untiĺa level that does not economically justify its production, or that encourages the promotion or adoption of clean technologies that do not degrade the environmental quality (ABELHA, 2015).
In recent decades, conservation programs have been implemented to reduce the consequences of anthropogenic activity and land degradation that affect the provision of ecosystem services, or nature's contributions to people in developing countries. Mangrove forests, found along shorelines, are considered a key social-ecological system because of the provisioning, coastal protection, mitigation, and cultural ecosystem services they provide to local and global coastal human populations, and the complex social networks and governance arrangements that manage them (Barbier et al., 2011;Brander et al., 2012).
This topic of the study aims to dissect on the Itapessoca River estuary, an important source of ecosystem services, since this location has been besieged by a large urban expansion, which threatens its natural stability and requires measures of protection and regulation. The chosen landscape is integrated by the interconnected flows of matter and energy through water systems (mangrove, rivers, estuaries, lagoons, lagoons, groundwater), relief components, climate seasonality, vegetation cover, fauna and human actions, within the complex process of urban growth in natural areas.
The Itapessoca River estuary is located in the municipality of Goiana, northern coast of the State of Pernambuco and has an area of 5,887 hectares, in a region of great importance for the supply of drinking water, biodiversity conservation, aquaculture, fishing and recreational activities. However, the disorderly growth that occurs in this estuarine environment, common in most coastal regions of Brazil, coupled with the almost non-existent occupation planning has caused numerous environmental changes (CABRAL et al., 2014;VIEIRA et al., 2020).
The study area (Figure 2) is part of the Itamaraca Estuarine Ecosystem, which has the island of the same name as its central part. It is an extremely important site for drinking water supply, biodiversity conservation, aquaculture, fishing, and recreational activities in the State of Pernambuco. This estuary is a dry river valley not filled by sediments, connected with the Santa Cruz channel and Itamaraca Island. The system is formed by 8 km long and 300 m wide, along the shores of Itapessoca Island, which are connected by a narrow and shallow channel in the northern part (ALBUQUERQUE et al., 2019;OLIVEIRA FILHO et al., 2021).

Main Mangrove Ecosystem Services in the Itapessoca River Estuary
EcosystemSservices (ES) are tangible and intangible goods produced by ecosystems, used by society in pursuit of social well-being, such as the provision of food, drinking water, leisure activities, protection from natural disasters and climate regulation, among others. The SE approach was initially discussed by economists and ecologists (COSTANZA et al., 2014).
Mangroves provide a diversity of ecosystem services, such as fishing, coastal protection, timber production, environmental risk indicator, carbon storage, aesthetic value, food provision, tourism and recreation, pollution reduction, honey production, bioremediation through water, energy resources, fodder, pharmaceuticals, and others. Besides the regulation/maintenance and provisioning services, which have been extensively studied, the results of more recent research conducted from the human perception of mangrove SEs point to a range of cultural services (QUEIROZ, MEIRELES; HERAS, 2012).
There is a great diversity of ES that are common to the mangrove ecosystem, and that are present in the Itapessoca River estuary. Thus, we highlight the following services: Food (Primary Production and Food Security): Strengthening food production in marine ecosystems and freshwater ecosystems holds important relevance in the context of nations' food sovereignty, acting as a support for fishing and shellfishing; Water: The water resources related to mangroves, streams, and coastal lagoons provide fish, shellfish, and other food sources, also fresh water, indispensable for irrigation and for carrying out leisure activities; and supply the cooling systems of industrial plants interested in taking advantage of this resource, while rivers provide electricity and carry waste; Protection (Erosion Control, Sediment Retention, Coastal Protection from Climatic Extremes): Coastal zones contain various ecosystems such as mangrove, dunes, coral reefs, wetlands, etc. These ecosystems protect the coast from storms and flooding, and 8 provide spawning grounds for fish and crabs, as well as habitat for endemic and migratory species. They also often provide other products such as forage, building materials, and more. The various protective services are critical as they leave space for floods and tidal surges to dissipate their energy, including alluvial floodplains and coastal salt marshes.
Regulatory Services (regulation of air quality, and regulation of local climate): Mangroves play an important role in regulating air by removing contaminating substances from the atmosphere. They sequester and store carbon, controlling the local and global climate by storing and sequestering greenhouse gases. As plants and trees grow, they remove carbon dioxide from the atmosphere, absorbing these gases effectively into their tissues.
The process of environmental no-characterization of the Itapessoca River estuary contributes to the loss of productive ecological systems, since this well-preserved environment has a total economic value many times higher than this same area degraded and/or altered by human activities. Although protected by laws, mangroves and estuarine areas when degraded -either by changes in land use, consumption and depletion of natural resources, or by the production and discharge of household and industrial effluents, deforestation, among others, their sustainability is affected, minimizing environmental services and compromising the natural wealth of the community, besides reducing social welfare (EJA, 2017;SOUZA and FERREIRA, 2019;GOMES, 2021).
The agropastoral activities have been present in the locality for decades, at the moment there is a greater diversity of economic activities, which have been contributing to intense transformations of the landscape, especially the expansion of the real estate market and the carciniculture, which occupy a prominent space in terms of area and economic importance in the Itapessoca River estuary (Figure 3). It is worth noting that traditional communities live in the region, such as quilombolas, fishermen, and shellfish gatherers, who depend on living with the local ecosystems, represented by mangroves, beaches, sandbanks, and the Atlantic Forest (Vila Nova et al., 2021).

CONCLUSIONS
This paper sought to conceptualize the links between mangroves and the polluter pays principle through ecosystem services. The local use value of mangroves decreases due to economic loss from water pollution and effluent impacts and pollution from shrimp farming activities. It is important to note that the value of ecological services provided by ecosystems is precisely the loss of value that society perceives, resulting from the unavailability of the resource under consideration.
It was found that the Itapessoca River estuary has been undergoing in the last decades changes in its landscape, confirming that the location is important strategic point in the region's economic context, culminating in structural and socioeconomic changes.
Another result concerns the relations of use and occupation of the soil, and, by overlapping the data, one can see an increase in anthropic pressure on environmental systems, by means of different activities, such as mining, carciniculture, civil construction, agribusiness, etc.
In the quest to preserve the mangroves of the Itapessoca River estuary, actions and projects in favor of this locality, such as a Payment for Environmental Service (PES) scheme, become necessary, and may be feasible when approached within the institutional and stakeholder context in the region. The challenge is how to involve the private sector in the business, such as private tourism initiatives. It is observed that the polluters have their responsibility emphasized through several international and national documents, which started to prescribe and determine the internalization of external costs, emphasizing the aggregation of the costs of prevention and control of pollution, and also including an educational character, which aims at changing the behaviors of the polluting agents. In this sense, at a theoretical level, the polluter pays principle is a rule of good economic, and extraordinary legal standards. On the other hand, on a practical level, it may reveal two discussions: a) direct or immediate instruments (administrative measures and criminal control); b) indirect or mediated instruments, which seek to control degradation by changing the price of the product or service (financial instruments); and c) hybrid or mixed instruments, with the limitation of quantities human transit.
Organization of a broad stakeholder forum. In order to resolve conflict issues on mangrove and coastal resource management issues, a broad forum of key stakeholders preferably convened by the government with NGOs playing a facilitating role is needed to identify and map out a common vision and workable strategies for mangrove conservation within the overall issues of integrated coastal management.
Awareness campaigns may be appropriate to strengthen awareness of the importance of the threat and the need to conserve wetlands. There is also a need to address site-specific threats through various actions. One should also look at sustainable financing through private sector participation, as donor partners should work with all partners to put in place sustainable financing mechanisms that derive much from existing sources, especially by stimulating private sector investment.
We can conclude that the principles of the environment are fundamental to impose prohibitions, since the principles are the foundation of the rule, so that when the legislation is not comprehensive, and in the absence of a positive law, the principles are used.