A importação de pneus usados aspectos legais e ambientais

• Autor(a) principal: Costa, Ricardo Alípio da
• Data de Publicação: 2007
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2325
• topic: Pneus – Gestão ambiental; Pneus – Reaproveitamento; CNPQ::CIENCIAS BIOLOGICAS; CNPQ::ENGENHARIAS::ENGENHARIA SANITARIA

The subject presented in this study refers to legal aspects of import prohibition of used tires and casings used as raw material by reprocessing industries, imposed since 1991 by the Brazilian Government by means of infra-legal directives. These imports have been possible during many years through legal decisions at Federal Court while the government claims environmental protection and tire reprocessing industries claim management of natural resources. Tire reprocessing companies claim that there is not enough quantity of used tires to meet market demand, while the government claims that these goods cause great deal of damage to environment and public health due to their inadequate disposal because there are no safe criteria proving that tires reprocessing does not increase the country’s existing environmental liability derived from domestic new tire production and new tires import. This theme has been subject of bills in favor and against importing used tires, as well as public hearings in Brazilian Congress, endless discussions in classrooms, bars and coffeeshops, and it has a strong ideological appeal in mass media, under the unconcealable sponsorship of multinational giants such as Goodyear, Firestone, Pirelli and Michelin, which have controlled Brazilian market for almost a century, thus promoting, by ideology, influence on government and its repressive devices against the technological development of the area that has reached notability in countries where these multinational companies had originated. Despite the commitment of post consumption environmental responsibility act introduced in Brazilian legal system by merit of reprocessing industries before CONAMA’s counselors, through Resolution 258/99, which obliges domestic new tire producers and tire importers, including those importing used tires by means of licenses obtained through court decisions, to dispose scrap tires in an environmentally friendly way and in amounts proportional to the amount of tires placed in the market, was not strong enough to dissuade the ideology that has indoctrinated some sectors in government and legal authorities to position themselves radically against importing used tires being aware that this would protect the environment when, in practice, it defends economical interests and market share of those multinational companies. We aimed to analyze, under legal and environmental points of view, with great political extension, if prohibitive directives of Executive Power are in accordance with Brazilian legal system, as a whole and harmonious system of laws and regulations, as well as if these prohibitive directives are not against mentioned constitutional precepts due to intervention in private enterprises and in tire reprocessing companies’ right of choice, based on environmental protection reasons, may camouflage economical interests of new tires manufacturers and importers, who have lost a significant market share to reprocessing industries, incited by the use of used imported tires adding quality, durability and safety to the final product.