sexta-feira, 23 de abril de 2010

Building a Green Economy

By PAUL KRUGMAN

Published: April 5, 2010

If you listen to climate scientists — and despite the relentless campaign to discredit their work, you should — it is long past time to do something about emissions of carbon dioxide and other greenhouse gases. If we continue with business as usual, they say, we are facing a rise in global temperatures that will be little short of apocalyptic. And to avoid that apocalypse, we have to wean our economy from the use of fossil fuels, coal above all.

But is it possible to make drastic cuts in greenhouse-gas emissions without destroying our economy?

Like the debate over climate change itself, the debate over climate economics looks very different from the inside than it often does in popular media. The casual reader might have the impression that there are real doubts about whether emissions can be reduced without inflicting severe damage on the economy. In fact, once you filter out the noise generated by special-interest groups, you discover that there is widespread agreement among environmental economists that a market-based program to deal with the threat of climate change — one that limits carbon emissions by putting a price on them — can achieve large results at modest, though not trivial, cost. There is, however, much less agreement on how fast we should move, whether major conservation efforts should start almost immediately or be gradually increased over the course of many decades.

In what follows, I will offer a brief survey of the economics of climate change or, more precisely, the economics of lessening climate change. I’ll try to lay out the areas of broad agreement as well as those that remain in major dispute. First, though, a primer in the basic economics of environmental protection.

Environmental Econ 101

If there’s a single central insight in economics, it’s this: There are mutual gains from transactions between consenting adults. If the going price of widgets is $10 and I buy a widget, it must be because that widget is worth more than $10 to me. If you sell a widget at that price, it must be because it costs you less than $10 to make it. So buying and selling in the widget market works to the benefit of both buyers and sellers. More than that, some careful analysis shows that if there is effective competition in the widget market, so that the price ends up matching the number of widgets people want to buy to the number of widgets other people want to sell, the outcome is to maximize the total gains to producers and consumers. Free markets are “efficient” — which, in economics-speak as opposed to plain English, means that nobody can be made better off without making someone else worse off.

Now, efficiency isn’t everything. In particular, there is no reason to assume that free markets will deliver an outcome that we consider fair or just. So the case for market efficiency says nothing about whether we should have, say, some form of guaranteed health insurance, aid to the poor and so forth. But the logic of basic economics says that we should try to achieve social goals through “aftermarket” interventions. That is, we should let markets do their job, making efficient use of the nation’s resources, then utilize taxes and transfers to help those whom the market passes by.

But what if a deal between consenting adults imposes costs on people who are not part of the exchange? What if you manufacture a widget and I buy it, to our mutual benefit, but the process of producing that widget involves dumping toxic sludge into other people’s drinking water? When there are “negative externalities” — costs that economic actors impose on others without paying a price for their actions — any presumption that the market economy, left to its own devices, will do the right thing goes out the window. So what should we do? Environmental economics is all about answering that question.

One way to deal with negative externalities is to make rules that prohibit or at least limit behavior that imposes especially high costs on others. That’s what we did in the first major wave of environmental legislation in the early 1970s: cars were required to meet emission standards for the chemicals that cause smog, factories were required to limit the volume of effluent they dumped into waterways and so on. And this approach yielded results; America’s air and water became a lot cleaner in the decades that followed.

But while the direct regulation of activities that cause pollution makes sense in some cases, it is seriously defective in others, because it does not offer any scope for flexibility and creativity. Consider the biggest environmental issue of the 1980s — acid rain. Emissions of sulfur dioxide from power plants, it turned out, tend to combine with water downwind and produce flora- and wildlife-destroying sulfuric acid. In 1977, the government made its first stab at confronting the issue, recommending that all new coal-fired plants have scrubbers to remove sulfur dioxide from their emissions. Imposing a tough standard on all plants was problematic, because retrofitting some older plants would have been extremely expensive. By regulating only new plants, however, the government passed up the opportunity to achieve fairly cheap pollution control at plants that were, in fact, easy to retrofit. Short of a de facto federal takeover of the power industry, with federal officials issuing specific instructions to each plant, how was this conundrum to be resolved?

Enter Arthur Cecil Pigou, an early-20th-century British don, whose 1920 book, “The Economics of Welfare,” is generally regarded as the ur-text of environmental economics.

Somewhat surprisingly, given his current status as a godfather of economically sophisticated environmentalism, Pigou didn’t actually stress the problem of pollution. Rather than focusing on, say, London’s famous fog (actually acrid smog, caused by millions of coal fires), he opened his discussion with an example that must have seemed twee even in 1920, a hypothetical case in which “the game-preserving activities of one occupier involve the overrunning of a neighboring occupier’s land by rabbits.” But never mind. What Pigou enunciated was a principle: economic activities that impose unrequited costs on other people should not always be banned, but they should be discouraged. And the right way to curb an activity, in most cases, is to put a price on it. So Pigou proposed that people who generate negative externalities should have to pay a fee reflecting the costs they impose on others — what has come to be known as a Pigovian tax. The simplest version of a Pigovian tax is an effluent fee: anyone who dumps pollutants into a river, or emits them into the air, must pay a sum proportional to the amount dumped.

Pigou’s analysis lay mostly fallow for almost half a century, as economists spent their time grappling with issues that seemed more pressing, like the Great Depression. But with the rise of environmental regulation, economists dusted off Pigou and began pressing for a “market-based” approach that gives the private sector an incentive, via prices, to limit pollution, as opposed to a “command and control” fix that issues specific instructions in the form of regulations.

The initial reaction by many environmental activists to this idea was hostile, largely on moral grounds. Pollution, they felt, should be treated like a crime rather than something you have the right to do as long as you pay enough money. Moral concerns aside, there was also considerable skepticism about whether market incentives would actually be successful in reducing pollution. Even today, Pigovian taxes as originally envisaged are relatively rare. The most successful example I’ve been able to find is a Dutch tax on discharges of water containing organic materials.

What has caught on instead is a variant that most economists consider more or less equivalent: a system of tradable emissions permits, a k a cap and trade. In this model, a limited number of licenses to emit a specified pollutant, like sulfur dioxide, are issued. A business that wants to create more pollution than it is licensed for can go out and buy additional licenses from other parties; a firm that has more licenses than it intends to use can sell its surplus. This gives everyone an incentive to reduce pollution, because buyers would not have to acquire as many licenses if they can cut back on their emissions, and sellers can unload more licenses if they do the same. In fact, economically, a cap-and-trade system produces the same incentives to reduce pollution as a Pigovian tax, with the price of licenses effectively serving as a tax on pollution.

In practice there are a couple of important differences between cap and trade and a pollution tax. One is that the two systems produce different types of uncertainty. If the government imposes a pollution tax, polluters know what price they will have to pay, but the government does not know how much pollution they will generate. If the government imposes a cap, it knows the amount of pollution, but polluters do not know what the price of emissions will be. Another important difference has to do with government revenue. A pollution tax is, well, a tax, which imposes costs on the private sector while generating revenue for the government. Cap and trade is a bit more complicated. If the government simply auctions off licenses and collects the revenue, then it is just like a tax. Cap and trade, however, often involves handing out licenses to existing players, so the potential revenue goes to industry instead of the government.

Politically speaking, doling out licenses to industry isn’t entirely bad, because it offers a way to partly compensate some of the groups whose interests would suffer if a serious climate-change policy were adopted. This can make passing legislation more feasible.

These political considerations probably explain why the solution to the acid-rain predicament took the form of cap and trade and why licenses to pollute were distributed free to power companies. It’s also worth noting that the Waxman-Markey bill, a cap-and-trade setup for greenhouse gases that starts by giving out many licenses to industry but puts up a growing number for auction in later years, was actually passed by the House of Representatives last year; it’s hard to imagine a broad-based emissions tax doing the same for many years.

That’s not to say that emission taxes are a complete nonstarter. Some senators have recently floated a proposal for a sort of hybrid solution, with cap and trade for some parts of the economy and carbon taxes for others — mainly oil and gas. The political logic seems to be that the oil industry thinks consumers won’t blame it for higher gas prices if those prices reflect an explicit tax.

In any case, experience suggests that market-based emission controls work. Our recent history with acid rain shows as much. The Clean Air Act of 1990 introduced a cap-and-trade system in which power plants could buy and sell the right to emit sulfur dioxide, leaving it up to individual companies to manage their own business within the new limits. Sure enough, over time sulfur-dioxide emissions from power plants were cut almost in half, at a much lower cost than even optimists expected; electricity prices fell instead of rising. Acid rain did not disappear as a problem, but it was significantly mitigated. The results, it would seem, demonstrated that we can deal with environmental problems when we have to.

So there we have it, right? The emission of carbon dioxide and other greenhouse gases is a classic negative externality — the “biggest market failure the world has ever seen,” in the words of Nicholas Stern, the author of a report on the subject for the British government. Textbook economics and real-world experience tell us that we should have policies to discourage activities that generate negative externalities and that it is generally best to rely on a market-based approach.

Climate of Doubt?

This is an article on climate economics, not climate science. But before we get to the economics, it’s worth establishing three things about the state of the scientific debate.

The first is that the planet is indeed warming. Weather fluctuates, and as a consequence it’s easy enough to point to an unusually warm year in the recent past, note that it’s cooler now and claim, “See, the planet is getting cooler, not warmer!” But if you look at the evidence the right way — taking averages over periods long enough to smooth out the fluctuations — the upward trend is unmistakable: each successive decade since the 1970s has been warmer than the one before.

Second, climate models predicted this well in advance, even getting the magnitude of the temperature rise roughly right. While it’s relatively easy to cook up an analysis that matches known data, it is much harder to create a model that accurately forecasts the future. So the fact that climate modelers more than 20 years ago successfully predicted the subsequent global warming gives them enormous credibility.

Yet that’s not the conclusion you might draw from the many media reports that have focused on matters like hacked e-mail and climate scientists’ talking about a “trick” to “hide” an anomalous decline in one data series or expressing their wish to see papers by climate skeptics kept out of research reviews. The truth, however, is that the supposed scandals evaporate on closer examination, revealing only that climate researchers are human beings, too. Yes, scientists try to make their results stand out, but no data were suppressed. Yes, scientists dislike it when work that they think deliberately obfuscates the issues gets published. What else is new? Nothing suggests that there should not continue to be strong support for climate research.

And this brings me to my third point: models based on this research indicate that if we continue adding greenhouse gases to the atmosphere as we have, we will eventually face drastic changes in the climate. Let’s be clear. We’re not talking about a few more hot days in the summer and a bit less snow in the winter; we’re talking about massively disruptive events, like the transformation of the Southwestern United States into a permanent dust bowl over the next few decades.

Now, despite the high credibility of climate modelers, there is still tremendous uncertainty in their long-term forecasts. But as we will see shortly, uncertainty makes the case for action stronger, not weaker. So climate change demands action. Is a cap-and-trade program along the lines of the model used to reduce sulfur dioxide the right way to go?

Serious opposition to cap and trade generally comes in two forms: an argument that more direct action — in particular, a ban on coal-fired power plants — would be more effective and an argument that an emissions tax would be better than emissions trading. (Let’s leave aside those who dismiss climate science altogether and oppose any limits on greenhouse-gas emissions, as well as those who oppose the use of any kind of market-based remedy.) There’s something to each of these positions, just not as much as their proponents think.

When it comes to direct action, you can make the case that economists love markets not wisely but too well, that they are too ready to assume that changing people’s financial incentives fixes every problem. In particular, you can’t put a price on something unless you can measure it accurately, and that can be both difficult and expensive. So sometimes it’s better simply to lay down some basic rules about what people can and cannot do.

Consider auto emissions, for example. Could we or should we charge each car owner a fee proportional to the emissions from his or her tailpipe? Surely not. You would have to install expensive monitoring equipment on every car, and you would also have to worry about fraud. It’s almost certainly better to do what we actually do, which is impose emissions standards on all cars.

Is there a comparable argument to be made for greenhouse-gas emissions? My initial reaction, which I suspect most economists would share, is that the very scale and complexity of the situation requires a market-based solution, whether cap and trade or an emissions tax. After all, greenhouse gases are a direct or indirect byproduct of almost everything produced in a modern economy, from the houses we live in to the cars we drive. Reducing emissions of those gases will require getting people to change their behavior in many different ways, some of them impossible to identify until we have a much better grasp of green technology. So can we really make meaningful progress by telling people specifically what will or will not be permitted? Econ 101 tells us — probably correctly — that the only way to get people to change their behavior appropriately is to put a price on emissions so this cost in turn gets incorporated into everything else in a way that reflects ultimate environmental impacts.

When shoppers go to the grocery store, for example, they will find that fruits and vegetables from farther away have higher prices than local produce, reflecting in part the cost of emission licenses or taxes paid to ship that produce. When businesses decide how much to spend on insulation, they will take into account the costs of heating and air-conditioning that include the price of emissions licenses or taxes for electricity generation. When electric utilities have to choose among energy sources, they will have to take into account the higher license fees or taxes associated with fossil-fuel consumption. And so on down the line. A market-based system would create decentralized incentives to do the right thing, and that’s the only way it can be done.

That said, some specific rules may be required. James Hansen, the renowned climate scientist who deserves much of the credit for making global warming an issue in the first place, has argued forcefully that most of the climate-change problem comes down to just one thing, burning coal, and that whatever else we do, we have to shut down coal burning over the next couple decades. My economist’s reaction is that a stiff license fee would strongly discourage coal use anyway. But a market-based system might turn out to have loopholes — and their consequences could be dire. So I would advocate supplementing market-based disincentives with direct controls on coal burning.

What about the case for an emissions tax rather than cap and trade? There’s no question that a straightforward tax would have many advantages over legislation like Waxman-Markey, which is full of exceptions and special situations. But that’s not really a useful comparison: of course an idealized emissions tax looks better than a cap-and-trade system that has already passed the House with all its attendant compromises. The question is whether the emissions tax that could actually be put in place is better than cap and trade. There is no reason to believe that it would be — indeed, there is no reason to believe that a broad-based emissions tax would make it through Congress.

To be fair, Hansen has made an interesting moral argument against cap and trade, one that’s much more sophisticated than the old view that it’s wrong to let polluters buy the right to pollute. What Hansen draws attention to is the fact that in a cap-and-trade world, acts of individual virtue do not contribute to social goals. If you choose to drive a hybrid car or buy a house with a small carbon footprint, all you are doing is freeing up emissions permits for someone else, which means that you have done nothing to reduce the threat of climate change. He has a point. But altruism cannot effectively deal with climate change. Any serious solution must rely mainly on creating a system that gives everyone a self-interested reason to produce fewer emissions. It’s a shame, but climate altruism must take a back seat to the task of getting such a system in place.

The bottom line, then, is that while climate change may be a vastly bigger problem than acid rain, the logic of how to respond to it is much the same. What we need are market incentives for reducing greenhouse-gas emissions — along with some direct controls over coal use — and cap and trade is a reasonable way to create those incentives.

But can we afford to do that? Equally important, can we afford not to?

The Cost of Action

Just as there is a rough consensus among climate modelers about the likely trajectory of temperatures if we do not act to cut the emissions of greenhouse gases, there is a rough consensus among economic modelers about the costs of action. That general opinion may be summed up as follows: Restricting emissions would slow economic growth — but not by much. The Congressional Budget Office, relying on a survey of models, has concluded that Waxman-Markey “would reduce the projected average annual rate of growth of gross domestic product between 2010 and 2050 by 0.03 to 0.09 percentage points.” That is, it would trim average annual growth to 2.31 percent, at worst, from 2.4 percent. Over all, the Budget Office concludes, strong climate-change policy would leave the American economy between 1.1 percent and 3.4 percent smaller in 2050 than it would be otherwise.

And what about the world economy? In general, modelers tend to find that climate-change policies would lower global output by a somewhat smaller percentage than the comparable figures for the United States. The main reason is that emerging economies like China currently use energy fairly inefficiently, partly as a result of national policies that have kept the prices of fossil fuels very low, and could thus achieve large energy savings at a modest cost. One recent review of the available estimates put the costs of a very strong climate policy — substantially more aggressive than contemplated in current legislative proposals — at between 1 and 3 percent of gross world product.

Such figures typically come from a model that combines all sorts of engineering and marketplace estimates. These will include, for instance, engineers’ best calculations of how much it costs to generate electricity in various ways, from coal, gas and nuclear and solar power at given resource prices. Then estimates will be made, based on historical experience, of how much consumers would cut back their electricity consumption if its price rises. The same process is followed for other kinds of energy, like motor fuel. And the model assumes that everyone makes the best choice given the economic environment — that power generators choose the least expensive means of producing electricity, while consumers conserve energy as long as the money saved by buying less electricity exceeds the cost of using less power in the form either of other spending or loss of convenience. After all this analysis, it’s possible to predict how producers and consumers of energy will react to policies that put a price on emissions and how much those reactions will end up costing the economy as a whole.

There are, of course, a number of ways this kind of modeling could be wrong. Many of the underlying estimates are necessarily somewhat speculative; nobody really knows, for instance, what solar power will cost once it finally becomes a large-scale proposition. There is also reason to doubt the assumption that people actually make the right choices: many studies have found that consumers fail to take measures to conserve energy, like improving insulation, even when they could save money by doing so.

But while it’s unlikely that these models get everything right, it’s a good bet that they overstate rather than understate the economic costs of climate-change action. That is what the experience from the cap-and-trade program for acid rain suggests: costs came in well below initial predictions. And in general, what the models do not and cannot take into account is creativity; surely, faced with an economy in which there are big monetary payoffs for reducing greenhouse-gas emissions, the private sector will come up with ways to limit emissions that are not yet in any model.

What you hear from conservative opponents of a climate-change policy, however, is that any attempt to limit emissions would be economically devastating. The Heritage Foundation, for one, responded to Budget Office estimates on Waxman-Markey with a broadside titled, “C.B.O. Grossly Underestimates Costs of Cap and Trade.” The real effects, the foundation said, would be ruinous for families and job creation.

This reaction — this extreme pessimism about the economy’s ability to live with cap and trade — is very much at odds with typical conservative rhetoric. After all, modern conservatives express a deep, almost mystical confidence in the effectiveness of market incentives — Ronald Reagan liked to talk about the “magic of the marketplace.” They believe that the capitalist system can deal with all kinds of limitations, that technology, say, can easily overcome any constraints on growth posed by limited reserves of oil or other natural resources. And yet now they submit that this same private sector is utterly incapable of coping with a limit on overall emissions, even though such a cap would, from the private sector’s point of view, operate very much like a limited supply of a resource, like land. Why don’t they believe that the dynamism of capitalism will spur it to find ways to make do in a world of reduced carbon emissions? Why do they think the marketplace loses its magic as soon as market incentives are invoked in favor of conservation?

Clearly, conservatives abandon all faith in the ability of markets to cope with climate-change policy because they don’t want government intervention. Their stated pessimism about the cost of climate policy is essentially a political ploy rather than a reasoned economic judgment. The giveaway is the strong tendency of conservative opponents of cap and trade to argue in bad faith. That Heritage Foundation broadside accuses the Congressional Budget Office of making elementary logical errors, but if you actually read the office’s report, it’s clear that the foundation is willfully misreading it. Conservative politicians have been even more shameless. The National Republican Congressional Committee, for example, issued multiple press releases specifically citing a study from M.I.T. as the basis for a claim that cap and trade would cost $3,100 per household, despite repeated attempts by the study’s authors to get out the word that the actual number was only about a quarter as much.

The truth is that there is no credible research suggesting that taking strong action on climate change is beyond the economy’s capacity. Even if you do not fully trust the models — and you shouldn’t — history and logic both suggest that the models are overestimating, not underestimating, the costs of climate action. We can afford to do something about climate change.

But that’s not the same as saying we should. Action will have costs, and these must be compared with the costs of not acting. Before I get to that, however, let me touch on an issue that will become central if we actually do get moving on climate policy: how to get the rest of the world to go along with us.

The China Syndrome

The United States is still the world’s largest economy, which makes the country one of the world’s largest sources of greenhouse gases. But it’s not the largest. China, which burns much more coal per dollar of gross domestic product than the United States does, overtook us by that measure around three years ago. Over all, the advanced countries — the rich man’s club comprising Europe, North America and Japan — account for only about half of greenhouse emissions, and that’s a fraction that will fall over time. In short, there can’t be a solution to climate change unless the rest of the world, emerging economies in particular, participates in a major way.

Inevitably those who resist tackling climate change point to the global nature of emissions as a reason not to act. Emissions limits in America won’t accomplish much, they argue, if China and others don’t match our effort. And they highlight China’s obduracy in the Copenhagen negotiations as evidence that other countries will not cooperate. Indeed, emerging economies feel that they have a right to emit freely without worrying about the consequences — that’s what today’s rich countries got to do for two centuries. It’s just not possible to get global cooperation on climate change, goes the argument, and that means there is no point in taking any action at all.

For those who think that taking action is essential, the right question is how to persuade China and other emerging nations to participate in emissions limits. Carrots, or positive inducements, are one answer. Imagine setting up cap-and-trade systems in China and the United States — but allow international trading in permits, so Chinese and American companies can trade emission rights. By setting overall caps at levels designed to ensure that China sells us a substantial number of permits, we would in effect be paying China to cut its emissions. Since the evidence suggests that the cost of cutting emissions would be lower in China than in the United States, this could be a good deal for everyone.

But what if the Chinese (or the Indians or the Brazilians, etc.) do not want to participate in such a system? Then you need sticks as well as carrots. In particular, you need carbon tariffs.

A carbon tariff would be a tax levied on imported goods proportional to the carbon emitted in the manufacture of those goods. Suppose that China refuses to reduce emissions, while the United States adopts policies that set a price of $100 per ton of carbon emissions. If the United States were to impose such a carbon tariff, any shipment to America of Chinese goods whose production involved emitting a ton of carbon would result in a $100 tax over and above any other duties. Such tariffs, if levied by major players — probably the United States and the European Union — would give noncooperating countries a strong incentive to reconsider their positions.

To the objection that such a policy would be protectionist, a violation of the principles of free trade, one reply is, So? Keeping world markets open is important, but avoiding planetary catastrophe is a lot more important. In any case, however, you can argue that carbon tariffs are well within the rules of normal trade relations. As long as the tariff imposed on the carbon content of imports is comparable to the cost of domestic carbon licenses, the effect is to charge your own consumers a price that reflects the carbon emitted in what they buy, no matter where it is produced. That should be legal under international-trading rules. In fact, even the World Trade Organization, which is charged with policing trade policies, has published a study suggesting that carbon tariffs would pass muster.

Needless to say, the actual business of getting cooperative, worldwide action on climate change would be much more complicated and tendentious than this discussion suggests. Yet the problem is not as intractable as you often hear. If the United States and Europe decide to move on climate policy, they almost certainly would be able to cajole and chivvy the rest of the world into joining the effort. We can do this.

The Costs of Inaction

In public discussion, the climate-change skeptics have clearly been gaining ground over the past couple of years, even though the odds have been looking good lately that 2010 could be the warmest year on record. But climate modelers themselves have grown increasingly pessimistic. What were previously worst-case scenarios have become base-line projections, with a number of organizations doubling their predictions for temperature rise over the course of the 21st century. Underlying this new pessimism is increased concern about feedback effects — for example, the release of methane, a significant greenhouse gas, from seabeds and tundra as the planet warms.

At this point, the projections of climate change, assuming we continue business as usual, cluster around an estimate that average temperatures will be about 9 degrees Fahrenheit higher in 2100 than they were in 2000. That’s a lot — equivalent to the difference in average temperatures between New York and central Mississippi. Such a huge change would have to be highly disruptive. And the troubles would not stop there: temperatures would continue to rise.

Furthermore, changes in average temperature will by no means be the whole story. Precipitation patterns will change, with some regions getting much wetter and others much drier. Many modelers also predict more intense storms. Sea levels would rise, with the impact intensified by those storms: coastal flooding, already a major source of natural disasters, would become much more frequent and severe. And there might be drastic changes in the climate of some regions as ocean currents shift. It’s always worth bearing in mind that London is at the same latitude as Labrador; without the Gulf Stream, Western Europe would be barely habitable.

While there may be some benefits from a warmer climate, it seems almost certain that upheaval on this scale would make the United States, and the world as a whole, poorer than it would be otherwise. How much poorer? If ours were a preindustrial, primarily agricultural society, extreme climate change would be obviously catastrophic. But we have an advanced economy, the kind that has historically shown great ability to adapt to changed circumstances. If this sounds similar to my argument that the costs of emissions limits would be tolerable, it ought to: the same flexibility that should enable us to deal with a much higher carbon prices should also help us cope with a somewhat higher average temperature.

But there are at least two reasons to take sanguine assessments of the consequences of climate change with a grain of salt. One is that, as I have just pointed out, it’s not just a matter of having warmer weather — many of the costs of climate change are likely to result from droughts, flooding and severe storms. The other is that while modern economies may be highly adaptable, the same may not be true of ecosystems. The last time the earth experienced warming at anything like the pace we now expect was during the Paleocene-Eocene Thermal Maximum, about 55 million years ago, when temperatures rose by about 11 degrees Fahrenheit over the course of around 20,000 years (which is a much slower rate than the current pace of warming). That increase was associated with mass extinctions, which, to put it mildly, probably would not be good for living standards.

So how can we put a price tag on the effects of global warming? The most widely quoted estimates, like those in the Dynamic Integrated Model of Climate and the Economy, known as DICE, used by Yale’s William Nordhaus and colleagues, depend upon educated guesswork to place a value on the negative effects of global warming in a number of crucial areas, especially agriculture and coastal protection, then try to make some allowance for other possible repercussions. Nordhaus has argued that a global temperature rise of 4.5 degrees Fahrenheit — which used to be the consensus projection for 2100 — would reduce gross world product by a bit less than 2 percent. But what would happen if, as a growing number of models suggest, the actual temperature rise is twice as great? Nobody really knows how to make that extrapolation. For what it’s worth, Nordhaus’s model puts losses from a rise of 9 degrees at about 5 percent of gross world product. Many critics have argued, however, that the cost might be much higher.

Despite the uncertainty, it’s tempting to make a direct comparison between the estimated losses and the estimates of what the mitigation policies will cost: climate change will lower gross world product by 5 percent, stopping it will cost 2 percent, so let’s go ahead. Unfortunately the reckoning is not that simple for at least four reasons.

First, substantial global warming is already “baked in,” as a result of past emissions and because even with a strong climate-change policy the amount of carbon dioxide in the atmosphere is most likely to continue rising for many years. So even if the nations of the world do manage to take on climate change, we will still have to pay for earlier inaction. As a result, Nordhaus’s loss estimates may overstate the gains from action.

Second, the economic costs from emissions limits would start as soon as the policy went into effect and under most proposals would become substantial within around 20 years. If we don’t act, meanwhile, the big costs would probably come late this century (although some things, like the transformation of the American Southwest into a dust bowl, might come much sooner). So how you compare those costs depends on how much you value costs in the distant future relative to costs that materialize much sooner.

Third, and cutting in the opposite direction, if we don’t take action, global warming won’t stop in 2100: temperatures, and losses, will continue to rise. So if you place a significant weight on the really, really distant future, the case for action is stronger than even the 2100 estimates suggest.

Finally and most important is the matter of uncertainty. We’re uncertain about the magnitude of climate change, which is inevitable, because we’re talking about reaching levels of carbon dioxide in the atmosphere not seen in millions of years. The recent doubling of many modelers’ predictions for 2100 is itself an illustration of the scope of that uncertainty; who knows what revisions may occur in the years ahead. Beyond that, nobody really knows how much damage would result from temperature rises of the kind now considered likely.

You might think that this uncertainty weakens the case for action, but it actually strengthens it. As Harvard’s Martin Weitzman has argued in several influential papers, if there is a significant chance of utter catastrophe, that chance — rather than what is most likely to happen — should dominate cost-benefit calculations. And utter catastrophe does look like a realistic possibility, even if it is not the most likely outcome.

Weitzman argues — and I agree — that this risk of catastrophe, rather than the details of cost-benefit calculations, makes the most powerful case for strong climate policy. Current projections of global warming in the absence of action are just too close to the kinds of numbers associated with doomsday scenarios. It would be irresponsible — it’s tempting to say criminally irresponsible — not to step back from what could all too easily turn out to be the edge of a cliff.

Still that leaves a big debate about the pace of action.

The Ramp Versus the Big Bang

Economists who analyze climate policies agree on some key issues. There is a broad consensus that we need to put a price on carbon emissions, that this price must eventually be very high but that the negative economic effects from this policy will be of manageable size. In other words, we can and should act to limit climate change. But there is a ferocious debate among knowledgeable analysts about timing, about how fast carbon prices should rise to significant levels.

On one side are economists who have been working for many years on so-called integrated-assessment models, which combine models of climate change with models of both the damage from global warming and the costs of cutting emissions. For the most part, the message from these economists is a sort of climate version of St. Augustine’s famous prayer, “Give me chastity and continence, but not just now.” Thus Nordhaus’s DICE model says that the price of carbon emissions should eventually rise to more than $200 a ton, effectively more than quadrupling the cost of coal, but that most of that increase should come late this century, with a much more modest initial fee of around $30 a ton. Nordhaus calls this recommendation for a policy that builds gradually over a long period the “climate-policy ramp.”

On the other side are some more recent entrants to the field, who work with similar models but come to different conclusions. Most famously, Nicholas Stern, an economist at the London School of Economics, argued in 2006 for quick, aggressive action to limit emissions, which would most likely imply much higher carbon prices. This alternative position doesn’t appear to have a standard name, so let me call it the “climate-policy big bang.”

I find it easiest to make sense of the arguments by thinking of policies to reduce carbon emissions as a sort of public investment project: you pay a price now and derive benefits in the form of a less-damaged planet later. And by later, I mean much later; today’s emissions will affect the amount of carbon in the atmosphere decades, and possibly centuries, into the future. So if you want to assess whether a given investment in emissions reduction is worth making, you have to estimate the damage that an additional ton of carbon in the atmosphere will do, not just this year but for a century or more to come; and you also have to decide how much weight to place on harm that will take a very long time to materialize.

The policy-ramp advocates argue that the damage done by an additional ton of carbon in the atmosphere is fairly low at current concentrations; the cost will not get really large until there is a lot more carbon dioxide in the air, and that won’t happen until late this century. And they argue that costs that far in the future should not have a large influence on policy today. They point to market rates of return, which indicate that investors place only a small weight on the gains or losses they expect in the distant future, and argue that public policies, including climate policies, should do the same.

The big-bang advocates argue that government should take a much longer view than private investors. Stern, in particular, argues that policy makers should give the same weight to future generations’ welfare as we give to those now living. Moreover, the proponents of fast action hold that the damage from emissions may be much larger than the policy-ramp analyses suggest, either because global temperatures are more sensitive to greenhouse-gas emissions than previously thought or because the economic damage from a large rise in temperatures is much greater than the guesstimates in the climate-ramp models.

As a professional economist, I find this debate painful. There are smart, well-intentioned people on both sides — some of them, as it happens, old friends and mentors of mine — and each side has scored some major points. Unfortunately, we can’t just declare it an honorable draw, because there’s a decision to be made.

Personally, I lean toward the big-bang view. Stern’s moral argument for loving unborn generations as we love ourselves may be too strong, but there’s a compelling case to be made that public policy should take a much longer view than private markets. Even more important, the policy-ramp prescriptions seem far too much like conducting a very risky experiment with the whole planet. Nordhaus’s preferred policy, for example, would stabilize the concentration of carbon dioxide in the atmosphere at a level about twice its preindustrial average. In his model, this would have only modest effects on global welfare; but how confident can we be of that? How sure are we that this kind of change in the environment would not lead to catastrophe? Not sure enough, I’d say, particularly because, as noted above, climate modelers have sharply raised their estimates of future warming in just the last couple of years.

So what I end up with is basically Martin Weitzman’s argument: it’s the nonnegligible probability of utter disaster that should dominate our policy analysis. And that argues for aggressive moves to curb emissions, soon.

The Political Atmosphere

As I’ve mentioned, the House has already passed Waxman-Markey, a fairly strong bill aimed at reducing greenhouse-gas emissions. It’s not as strong as what the big-bang advocates propose, but it appears to move faster than the policy-ramp proposals. But the vote on Waxman-Markey, which was taken last June, revealed a starkly divided Congress. Only 8 Republicans voted in favor of it, while 44 Democrats voted against. And the odds are that it would not pass if it were brought up for a vote today.

Prospects in the Senate, where it takes 60 votes to get most legislation through, are even worse. A number of Democratic senators, representing energy-producing and agricultural states, have come out against cap and trade (modern American agriculture is strongly energy-intensive). In the past, some Republican senators have supported cap and trade. But with partisanship on the rise, most of them have been changing their tune. The most striking about-face has come from John McCain, who played a leading role in promoting cap and trade, introducing a bill broadly similar to Waxman-Markey in 2003. Today McCain lambastes the whole idea as “cap and tax,” to the dismay of former aides.

Oh, and a snowy winter on the East Coast of the U.S. has given climate skeptics a field day, even though globally this has been one of the warmest winters on record.

So the immediate prospects for climate action do not look promising, despite an ongoing effort by three senators — John Kerry, Joseph Lieberman and Lindsey Graham — to come up with a compromise proposal. (They plan to introduce legislation later this month.) Yet the issue isn’t going away. There’s a pretty good chance that the record temperatures the world outside Washington has seen so far this year will continue, depriving climate skeptics of one of their main talking points. And in a more general sense, given the twists and turns of American politics in recent years — since 2005 the conventional wisdom has gone from permanent Republican domination to permanent Democratic domination to God knows what — there has to be a real chance that political support for action on climate change will revive.

If it does, the economic analysis will be ready. We know how to limit greenhouse-gas emissions. We have a good sense of the costs — and they’re manageable. All we need now is the political will.

Paul Krugman is a Times columnist and winner of the 2008 Nobel Memorial Prize in Economic Science. His latest book is “The Return of Depression Economics and the Crisis of 2008.”

STJ pacifica entendimento sobre dissolução irregular de empresa

A Primeira Seção do Superior Tribunal de Justiça (STJ) editou súmula pacificando entendimento sobre a dissolução de empresas que deixam de funcionar em seus domicílios fiscais e não comunicam essa mudança de modo oficial. Isso passa a ser considerado irregular. A súmula, de número 435, tem a seguinte redação: “Presume-se dissolvida irregularmente a empresa que deixar de funcionar no seu domicílio fiscal, sem comunicação aos órgãos competentes, legitimando o redirecionamento da execução fiscal para o sócio-gerente”.

O precedente mais antigo que embasou a nova súmula é de 2005, referente ao Recurso Especial n. 738.512, interposto pela Fazenda Nacional ao STJ contra os proprietários da empresa Fransmar Cozinha Industrial Ltda, de Santa Catarina. No recurso, acatado pelos ministros do STJ conforme o voto do relator, ministro Luiz Fux, os proprietários da empresa executada argumentaram que seria impossível responsabilizar os sócios pelos débitos.

Infração

A Fazenda, por sua vez, afirmou que a mudança de localização da Fransmar, sem qualquer comunicação ao fisco nem alteração no contrato social – ou, ainda, sem distrato social e sem a devida averbação na junta comercial – pressupõe dissolução irregular de sociedade, constituindo-se infração. Ressaltou, ainda, que conforme o Código Comercial a dissolução irregular da sociedade, nos casos em que a empresa deixa de operar sem o devido registro na junta comercial do estado, acarreta a responsabilidade solidária de todos os sócios.

Outro caso emblemático referente ao tema foi observado no âmbito do STJ, em 2007, em relação ao Recurso Especial n. 944.872, do Rio Grande do Sul. O recurso foi interposto pela Fazenda Nacional contra a empresa MPA Recreações e Esportes Ltda. No recurso, também provido pelos ministros conforme o voto do relator, o ministro Francisco Falcão, a Fazenda atestou que houve afronta ao Código Tributário Nacional (CTN), enfatizando ter acontecido dissolução irregular da sociedade, devidamente comprovada pelo oficial da junta comercial, motivo por que pediu o redirecionamento da execução para os sócios-gerentes.

Como as súmulas compreendem a síntese de um entendimento reiterado do tribunal sobre determinado assunto, a pacificação do entendimento a esse respeito servirá como orientação para as demais instâncias da Justiça, daqui por diante.

Coordenadoria de Editoria e Imprensa

quarta-feira, 21 de abril de 2010

PSDB já pode entrar com pedido de inidoneidade contra Sensus

MARCELA ROCHA - As cinco iregularidades apontadas pelo PSDB na pesquisa do Instituto Sensus são, segundo o advogado do partido, Ricardo Penteado, "mais do que suficientes para entrar com um pedido de inidoneidade".

O levantamento foi divulgado na semana passada e, desde então, a legenda tucana vem questionando o resultado - empate entre os pré-candidatos do PSDB e PT. "Agora, passamos para a fase de encontrar os responsáveis", disse Penteado, que aguarda um relatório final da equipe de técnicos para tomar as medidas possíveis.

Comprovada a inidoneidade - falta de legitimidade -, o levantamento pode ser desconsiderado pelo TSE. "Como também vimos, pode ter havido uma fraude, uma manipulação, o que é identificado como crime pelo Tribunal", explica o advogado.

Encomendada pelo Sintrapav (Sindicato dos Trabalhadores nas Indústrias de Construção Pesada de SP), a pesquisa Sensus apontou empate entre os pré-candidatos José Serra (32,7%) e Dilma Rousseff (32,4%). No sábado passado, a pesquisa Datafolha apontou uma vantagem de dez pontos percentuais para Serra em relação a Dilma. A disparidade entre os resultados dos dois institutos fomenta a argumentação tucana. O intuito do PSDB é descobrir se houve, ou não, a fabricação de formulários por parte do Sensus.

O partido entrou com representações junto ao Tribunal Superior Eleitoral (TSE) e obteve o direito de enviar representantes ao Instituto, em Belo Horizonte (MG). As sete horas que esperaram, para obter os dados das entrevistas feitas, são algo "incompatível com o que um instituto poderia demonstrar", afirmou Penteado, para depois ressaltar que, com a demora, "deram todos os indícios de que havia irregularidades".

Os técnicos avaliaram 2 mil questionários e listaram, num relatório parcial, cinco irregularidades. Uma delas diz respeito às disparidades entre dados apresentados ao TSE e os checados pelo PSDB nos questionários preenchidos. Foi informado ao TSE que a amostra de entrevistados com renda de até um salário mínimo era de 6%. Segundo o partido, 17,7%. "É uma forma de trabalhar negligentemente ou com má fé", criticou.

A reportagem procurou Ricardo Guedes, diretor e sócio do instituto, e aguarda um retorno.

 

Fonte: http://www.votebrasil.com/noticia/politica/psdb-ja-pode-entrar-com-pedido-de-inidoneidade-contra-sensus



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sábado, 17 de abril de 2010

Chega ao TSE representação contra presidente Lula e Dilma Roussef por evento realizado no último dia 10


Chegou ao Tribunal Superior Eleitoral (TSE), no início da noite desta sexta-feira (16), nova representação do PSDB contra o presidente da República, Luiz Inácio Lula da Silva e a ex-ministra da Casa Civil, Dilma Roussef, além de lideranças sindicais, por suposta propaganda eleitoral antecipada. Para o partido, o evento "Encontro da Defesa do Trabalho Decente", realizado no último sábado (10), na sede do Sindicato dos Metalúrgicos em São Bernardo do Campo (SP), teria sido um ato de campanha eleitoral em favor da ex-ministra Dilma. O relator do processo é o ministro Henrique Neves.

De acordo com o PSDB, no sábado, a pretexto de realizar evento em defesa do trabalho decente, o presidente e as lideranças apontadas na representação "realizaram portentoso ato de campanha eleitoral" na sede do Sindicato dos Metalúrgicos. A conduta, além de violar a legislação referente a propaganda eleitoral, por ter sido realizada fora da época permitida, também teria agredido as regras de financiamento de campanha, uma vez que o evento questionado "foi financiado com recursos sindicais, cuja aplicação é vedada no âmbito político partidário", sustenta o partido.

Nesse sentido, a representação relata trechos de diversos discursos dos representados, que segundo o PSDB têm nítida conotação de propaganda eleitoral. O encontro, ainda segundo a legenda, teria sido "amplamente divulgado por toda a mídia com uma grande comício eleitoral em favor de Dilma Roussef".

"O evento tinha o nítido propósito de angariar votos, tanto que o presidente da República assume que tentará 'convencer vocês de votarem na Dilma''', conclui o PSDB, pedindo a aplicação da multa a todos os representados - em seu valor máximo - prevista no artigo 36, parágrafo 3º da Lei 9.504/97, por propaganda eleitoral antecipada, além de pedir que o processo seja encaminhado para o Ministério Público Eleitoral para as providências cabíveis, "visto que a questão envolve a aplicação de recursos sindicais em propaganda eleitoral".

Representados


Além do presidente Lula e da ex-ministra, que seria a beneficiária da suposta propaganda irregular, a representação é contra Carlos Roberto Lupi (presidente do PDT), o senador Aloizio Mercadante (PT/SP), o prefeito de São Bernardo do Campo Luiz Marinho, e ainda contra seis entidades sindicais: Sindicato dos Metalúrgicos do ABC e seu presidente Sérgio Nobre, Central dos Trabalhadores do Brasil (CTB) e seu presidente Wagner Gomes, Central Geral dos Trabalhadores do Brasil (CGTB) e seu presidente Antonio Neto, Força Sindical e seu presidente Paulo Pereira da Silva, Central Única dos Trabalhadores (CUT) e seu presidente Artur Henrique da Silva Santos, além da Nova Central Sindical dos Trabalhadores.

Processo relacionado:
RP 83193

MB

 



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sexta-feira, 9 de abril de 2010

Pedido administrativo de compensação suspende exigibilidade do crédito tributário

O pedido administrativo de compensação de tributo suspende a exigibilidade do crédito tributário e impede o ajuizamento de execução fiscal, cabendo à executante os ônus de sucumbência. A conclusão é da Primeira Turma do Superior Tribunal de Justiça (STJ), ao dar provimento a recurso especial da Farmavip Medicamentos Ltda., do Paraná.

Em ação de execução fiscal promovida pela Fazenda Pública, em agosto de 2006, a empresa apresentou exceção de pré-executividade, afirmando que optou por pagar o referido débito com o crédito que possui perante a própria Fazenda, tendo protocolizado o pedido de pagamento administrativo perante a secretaria estadual, em 14 de julho de 2006, por meio do referido crédito, com a consequente quitação e extinção do débito fiscal.

Em primeira instância, o juiz considerou a dívida ativa extinta por compensação e extinguiu a execução fiscal, tendo condenado a Fazenda ao pagamento das custas processuais e honorários advocatícios arbitrados em 10% sobre o valor da dívida – em razão de a execução fiscal ter sido proposta após o pedido de compensação, embora antes da decisão administrativa que culminou na homologação da compensação.

O magistrado considerou que, embora o pedido de compensação não tenha o condão de suspender a exigibilidade da dívida, a Fazenda Pública faltou com zelo, porque não havia prazo prescricional prestes a vencer. Também extinguiu a execução por perda de objeto.

A Fazenda apelou e, em decisão monocrática, o desembargador relator da apelação no Tribunal de Justiça do Paraná reformou a decisão e inverteu o ônus da sucumbência, condenando a Farmavip ao pagamento da verba honorária fixada em R$ 600,00. Segundo o relator, o pedido administrativo de compensação não configura hipótese de suspensão da exigibilidade do crédito tributário.

A empresa interpôs agravo e o tribunal, em decisão colegiada, corroborou a decisão monocrática, afirmando não ser possível a suspensão da exigibilidade do crédito tributário ainda que na via administrativa esteja sendo debatida a possibilidade de compensação do crédito. “O pedido administrativo de compensação não suspende a exigibilidade do crédito tributário, nem impede o ajuizamento de execução fiscal”, afirmou o desembargador. “Ajuizada a execução antes do deferimento da compensação, cabe à executada suportar os ônus de sucumbência, pois deu causa à propositura da demanda (princípio da causalidade)”, acrescentou.

A Farmavip recorreu, então, ao STJ, alegando ofensa aos artigos 20, do Código de Processo Civil (CPC), e 151, III, do Código Tributário Nacional (CTN). Sustentou, em síntese, que o pedido de compensação na via administrativa importa na suspensão da exigibilidade do crédito tributário.

A Primeira Turma deu provimento ao recurso, considerando que a exigibilidade do crédito tributário fica suspensa em razão de qualquer impugnação do contribuinte à cobrança do tributo. Segundo observou o ministro Luiz Fux, relator do caso, se está pendente processo administrativo em que se discute a compensação do crédito tributário, o fisco não pode negar a entrega da certidão positiva de débito, com efeito de negativa, de que trata o artigo 206 do CTN. “Em razão da reversão do julgado, determino a inversão do ônus sucumbencial e condenação dos honorários nos termos da sentença”, acrescentou o relator.

Coordenadoria de Editoria e Imprensa

Resp 1149115

quinta-feira, 8 de abril de 2010

Obtenção ilícita de provas faz ministro Celso de Mello paralisar ação penal contra empresa de contabilidade

O ministro Celso de Mello suspendeu, em decisão liminar, o andamento da ação penal que tramita na 8ª Vara Criminal do Rio de Janeiro contra a Organização Excelsior de Contabilidade e Administração e seu proprietário, Luiz Felipe da Conceição Rodrigues (Processo-crime 950032304-4). Para ele, houve ilicitude na obtenção das provas usadas contra a empresa.

O proprietário da empresa responde por crime contra a ordem tributária, fraude em documento fiscal e falsificação ou alteração de documento relativo a operação tributável.

A decisão do ministro no Habeas Corpus (HC) 103325 baseia-se na tese de que se as provas são coletadas de forma ilícita, elas ficam também contaminadas de ilicitude e são invalidadas (doutrina dos frutos da árvore envenenada).

As provas que incriminaram a organização de contabilidade  os livros contábeis, meios magnéticos e demais documentos de mais de 1,2 mil empresas clientes  teriam sido retiradas do escritório em 1993 sem autorização judicial e através de operação policial com uso de arma de fogo.

Direitos individuais

Segundo Celso de Mello, a administração estatal, embora tenha poderes excepcionais que lhe permitem exercer a fiscalização tributária, não pode desrespeitar as garantias constitucionais asseguradas aos cidadãos em geral e aos contribuintes, em particular. Ao Estado é somente lícito atuar respeitados os direitos individuais e nos termos da lei, explicou.

Ele também afirmou que nenhum agente público, ainda que vinculado à administração tributária do Estado, poderá, contra a vontade de quem de direito, ingressar, durante o dia, sem mandado judicial, em espaço privado não aberto ao público, onde alguém exerce sua atividade profissional, sob pena de a prova resultante da diligência de busca e apreensão assim executada reputar-se inadmissível, porque impregnada de ilicitude material.

A jurisprudência do Supremo já é pacificada na interpretação de que a inviolabilidade da casa prevista na Constituição Federal estende-se aos escritórios profissionais, inclusive os de contabilidade, embora sem conexão com a casa de moradia propriamente dita.

O ministro lembrou que o próprio Supremo já trancou ações penais baseadas nessas mesmas provas.

MG/LF

terça-feira, 6 de abril de 2010

Direto do plenário: TSE mantém multa de R$ 5 mil aplicada ao presidente Lula por propaganda eleitoral antecipada em evento no RJ

Por maioria de votos, o plenário do Tribunal Superior Eleitoral (TSE) negou recurso da Advocacia Geral da União (AGU) que pretendia suspender a multa de R$ 5 mil aplicada pelo ministro auxiliar Joelson Dias ao presidente Luiz Inácio Lula da Silva por propaganda eleitoral antecipada.
O ministro Joelson Dias aplicou a multa ao presidente Lula no último dia 18 de março, por considerar que, em maio de 2009 - antes do período permitido pela lei, em evento no Rio de Janeiro, Lula fez propaganda eleitoral em favor da então ministra-chefe da Casa Civil, Dilma Rousseff, que segundo o PSDB, autor da representação, seria pré-candidata do Partido dos Trabalhadores (PT) à Presidência da República. A AGU recorreu dessa decisão, mas teve o pedido negado na noite desta terça-feira (6) pelo plenário da Corte.
Acompanharam o relator, pela manutenção da multa, a ministra Cármen Lúcia e os ministros Aldir Passarinho e Carlos Ayres Britto.
É a segunda multa confirmada pelo pleno do TSE ao presidente da República em menos de um mês. Confira aqui a matéria sobre a primeira multa, no valor de R$ 10 mil, aplicada pelo plenário em 25 de março último por conta da inauguração, em janeiro deste ano, do Sindicato dos Trabalhadores em Processamento de Dados de São Paulo (Sindpd/SP).
Mais informações em instantes.

Anvisa consulta TSE sobre divulgação de programas de utilidade pública

O presidente da Agência Nacional de Vigilância Sanitária , Dirceu Raposo de Mello, apresentou consulta ao Tribunal Superior Eleitoral (TSE) com dúvidas sobre a divulgação de programas de utilidade pública em ano eleitoral.
São quatro as questões formuladas sobre possíveis empecilhos na veiculação e também no que diz respeito ao processo de contratação, pagamento e execução do serviço de divulgação caso aconteça em período eleitoral. A ministra Cármen Lúcia (foto) é a relatora da consulta.
A Anvisa pergunta se:
“ I - Se uma autarquia especial, denominada Agência Reguladora, contratar um serviço para divulgação de programas de utilidade pública com cinco minutos de duração sobre saúde e vigilância sanitária por meio de pontos de televisão instalados em locais de grande circulação de pessoas como hospitais, clínicas e postos de saúde públicos e privados, esse serviço poderá ser executado durante o período eleitoral?
II - Se este serviço for prestado por uma pessoa jurídica de direito privado, sem fins econômicos, contratada em regime de dispensa de licitação por exclusividade da atividade, que opera um canal via satélite, o pagamento pelo serviço poderá ser realizado durante o período eleitoral?
III - Na hipótese de contratação de serviço semelhante ao descrito acima, os programas produzidos poderão ser encerrados com a apresentação da marca institucional da autarquia especial?
IV - Na hipótese de contratação de serviço semelhante ao descrito acima, poderá o prestador do serviço instalar na sede da autarquia especial uma antena e um ponto de TV para captura e veiculação do conteúdo do canal?”.
Processo Relacionado:
CTA 70980
RC/GA

For Brazil, It's Finally Tomorrow

By PAULO PRADA

For the past century, Brazil has been a land of great potential—but few results. With runaway inflation and stratospheric national debt, the country was too much of a mess for anyone to take it seriously on the world stage.

How times have changed.

Consider this: In the face of the worst global economic crisis since the Great Depression, Brazil's economic output dipped a tiny 0.2% last year, and is expected to grow as much as 6% this year. Everyday Brazilians have been too busy buying washing machines, cars and flat-screen televisions to even notice the downturn.

Brazil is already the biggest economy in Latin America and the 10th-biggest in the world. By 2050, it will likely move into fourth place, leapfrogging countries including Germany, Japan and the U.K., according to a study by Goldman Sachs.

Clearly, Brazil has turned a corner—and is now a nation with the heft, ambition and economic fundamentals to become a world power. But the country has enormous challenges it must overcome before it can fully live up to its potential.

Its public sector is bloated and riddled with corruption. Crime is rampant. Its infrastructure is badly in need of repair and expansion. The business environment is restrictive, with a labor code ripped from the pages of Benito Mussolini's economic playbook. Brazil also risks patting itself on the back so much that it fails to see the colossal work that remains to be done.

"There's too much good happening at the moment for the country not to take advantage of it," says Ricardo Amorim, a well-known financial consultant in São Paulo. "Brazil has never had as much opportunity as it will have in the years ahead."

Big Promise

Brazil has always had a lot to live up to, simply because of its size. The country is bigger than the continental U.S. and has almost as many people as Germany, France and the U.K. combined. Yet except when it came to soccer and music, many Brazilians themselves tended to believe the notion—apocryphally attributed to Charles de Gaulle—that "Brazil is not a serious country."

Things started changing in the 1990s. The government adopted strict monetary policies and a laser-like focus on balancing the books. That fiscal prudence has given the country remarkable cash reserves—and breathing room during crises.

For instance, when the big downturn hit in 2008, private lending began to dry up. So the government, flush with cash reserves and the keys to an aggressive development bank, ordered state-run lenders to open the credit taps. The banks complied, lending out record amounts last year to Brazilians eager to join the country's quickly growing consumer class. Internal demand soared, softening the blow of the slowdown.

"This is a different Brazil than 10 years ago," President Luiz Inácio Lula da Silva boasted recently. Back then, he said, "the crisis in Greece would have already bankrupted Brazil."

What's more, there's now a political consensus to avoid the mistakes of the past. Until recently, elections in Brazil were considered make-or-break contests between irresponsible, populist proposals and the voices of investment, stability and growth. Now neither leading candidate from the right or left in October's election is expected to stray far from current economic policies, a functional blend of pro-business market rules and social-welfare programs.

Even a pledge for a bigger state role in the economy by Dilma Rousseff, Mr. da Silva's outgoing chief of staff and his hand-chosen successor as the party's candidate, isn't scaring off the business community. "It's refreshing to have an election and see there's no fuss about either outcome," says Andrew Béla Jánszky, a Brazilian investment lawyer in the São Paulo office of Shearman & Sterling LLP. "For once, stability is almost a given."

The hard work has also enabled Brazil—already a leading exporter of iron ore, steel, coffee, soybeans, sugar and beef—to soar in sectors it once only dreamed about. After decades of research and investment, Brazil in 2007 discovered mammoth new oil beds beneath the Atlantic that are expected to double output in the coming years—generating billions of dollars in new revenue annually.

Cleaning House

The results of all these changes have been dramatic. The economic turnaround has pulled millions out of poverty and is creating a thriving middle class. For instance, Brazil's northeast, long the source of internal migration to more-prosperous cities down south, now outpaces the rest of the country in growth. Companies there are scrambling to train workers, many experienced only as field hands, to build cars, appliances and computer parts.

The country's promise is such that events that once rattled the faith of local and foreign investors are now taken largely in stride—be it the global financial meltdown or Mr. da Silva's bear hugs and backslaps with leaders of regimes in Havana, Tehran and Caracas.

But before Brazil can achieve its first-world ambitions, it must tackle big economic, legal and social deficiencies that have hobbled its development.

For one thing, even after sweeping reforms, the government's role in the economy remains relatively big. Government spending totals more than 20% of the country's gross domestic product, compared with about 15% in the U.S., 13% in China and 7% in Indonesia, another fast-growing emerging market, according to data compiled by Mosaico Economia Política, a Brazilian consultancy. The government trimmed as many as 150,000 jobs in the 1990s, but since then has taken on twice that number, according to research at Banco Santander, the Spanish bank that is one of Brazil's biggest foreign investors. Even with greater leeway to spend than ever before, government debt has begun to creep back up.

To help finance the growth in the size of government—and onerous pension and benefit plans—"the trend is likely to be in the direction of higher taxes, lower investments, and, thus, lower long-term growth," Santander said in the report. The spending growth comes as consumer demand is also surging, spurred on by state lending. That has caused inflation to rear its head once more—forcing the central bank to consider raising interest rates again.

"The government can't have it all," warns Eduardo Giannetti da Fonseca, an economist and professor at Insper Instituto de Ensino e Pesquisa, a business school in São Paulo. "You can't increase spending, private consumption and invest all at the same time, because something will eventually give."

Another problem is the restrictive business environment, especially strict labor laws that date back to the 1940s and were originally modeled on the statist policies of Mussolini. Because it costs so much to start companies and hire workers, many entrepreneurs and businesses stay in the black market and pay workers informally. That creates a massive underground economy that, according to a 2005 study by McKinsey & Co., accounts for up to 40% of Brazil's gross domestic product, takes about half of all urban jobs and drags overall economic growth by as much as 1.5% annually.

The problem is palpable across Brazil, where underground commerce is on open display from city sidewalks to public buses to the festive beaches of Rio de Janeiro. "I'd rather have a real job, but it's a lot easier to get hired to do something like this," says Milton, a 28-year-old vendor of pirate software and DVDs in central São Paulo, who declined to give his last name. "There's plenty of this kind of work to go around."

Bad Connections

Yet another obstacle to growth is a lack of infrastructure—from roads, railways and bridges to docks, airports and pipelines. Like most everything else in the country, infrastructure investment fluctuated with the booms and busts of the past. Projects were launched when times were flush, only to sit neglected for decades.

Not only is much of it old and in disrepair, but Brazil's existing infrastructure is too small to handle the volume of people and goods currently using it—let alone accommodate new growth. The government this week is expected to announce the second phase of an ambitious "growth acceleration program" that it launched in 2007. The original plan foresaw infrastructure investments of some $342 billion, but many projects remain mired in bureaucracy. Contas Abertas, a not-for-profit research group that studies public spending, in a study this month said that only 11% of the projects outlined in the plan have been completed, while just over half have yet to be launched.

To casual observers, things will look better as Brazil gears up for hosting soccer's World Cup in 2014 and the Summer Olympics in Rio de Janeiro in 2016. New roads and airport terminals will be christened along with modernized stadiums and scenic, well-policed promenades. But manufacturers, exporters and shippers—who regularly wait days or weeks for backlogs in ports and customs facilities to clear—know Brazil needs more than just cosmetic changes.

Progress in other areas falls short, too. Crime is still a big problem in most cities and in lawless rural areas where ruthless prospectors, loggers and landowners at times ride roughshod over their neighbors. Those charged with enforcing the law are so underpaid that police routinely look the other way in exchange for a little extra money or commit serious human-rights abuses in efforts to solve problems that overburdened courts rarely can. Using the government's own statistics, a December report by Human Rights Watch disclosed that police in Rio and São Paulo together killed more than 1,000 people annually in recent years, many of them in execution-style "extrajudicial" killings.

Brazil's politicians and legislators often run afoul of the law, as well. The country's Federal Police, its most respected law-enforcement body and the agency charged with fighting corruption, currently has nearly 30,000 active investigations related to public corruption and fraud, according to a recent report. The deposed governor of Brasília, Brazil's capital, at the moment sits in jail awaiting trial over alleged kickbacks from public construction projects.

Then there's public education. Brazil has a popular welfare program that helps needy children by paying parents to keep them in school rather than send them out to help put food on the table. But schools themselves remain underfunded and the quality of education remains poor. Outdated university statutes mean that the best colleges, which are public and free, get filled by wealthy students from private high schools, while poorer students, the products of public schools, get stuck paying for second-rate degrees at costly classrooms in strip malls and fly-by-night academies.

Mr. da Silva and his ministers, including Ms. Rousseff, admit that much still needs to be done. The work so far, they insist, has been about laying the groundwork for stability and thereby facilitating investment and growth in the future. Now that popular social programs have helped ease suffering for the critically poor—and disastrous fallout from the financial crisis was averted—the government can begin focusing on ways to ensure it builds upon more solid economic foundations.

"If the past year was about measures to stimulate consumption," Mr. da Silva said in a television address at the end of December, "now our emphasis is on reinforcing investments and thereby making the wheel of the economy roll in a healthy and sustainable way."

— Mr. Prada is a staff reporter for The Wall Street Journal in São Paulo. He can be reached at paulo.prada@wsj.com .

Printed in The Wall Street Journal, page R1