OPPORTUNITIES AND DILEMMAS IN TREATMENT OF SOLID WASTE IN BRAZIL ON THE PERSPECTIVE OF THE NATIONAL POLICY ABOUT SOLID WASTE (LAW N. 12.305/2010)

Abstract

The challenges generated by the growing production of trash and solid waste impose to the public authorities, to the private sector, and to society at large the need for engaging into new efforts to find effective solutions for the disposal of these residues, and its related problems. Proposals that respond to environmental and social problems ina sole instrument gain attention in a variety of settings, as they announce the possibility of reducing the problematic impacts and promoting welfare in an integrated and effective way. This paper analyzes to what extent the Brazilian Policy of Solid Waste (“PNRS”, law number 12.305), sanctioned in August 2010, fulfill these requirements. On the one hand, this study shows that this law (and policy) is based on the principle shared responsibility of government, corporations and society. To this extent, it stimulates, for example, the returning of used products to the manufacturers. In addition, it mandates that the public authorities to implement plans for solid waste management. By means of more specific guidelines, it also requires the implementation of programs aimed at improving the working conditions of the workers in the disposal sites as a way to improve their opportunities for social and economic inclusion. In sum, in theoretical terms, the Brazilian policy approaches the trash and solid waste disposal as a “productive chain” with all the  social, economic and environmental opportunities it generates. However, we end this discussion by contrasting these opportunities with what can be obstacles for the implementation of the new legislation, suggesting that it also brings into a number of dilemmas for the attainment of its goals.