Responsabilidade pós-consumo e resíduos sólidos na sociedade contemporânea: desafios e limites ao poder econômico

• Autor(a) principal: Ortiz, Margarete Alvarenga
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23765
• topic: resíduos sólidos; meio ambiente; responsabilidade pósconsumo; desenvolvimento sustentável; solid wastes; environment; post-consumption responsibility; sustainable development; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Capitalism mode of production and the population growth have contributed for the waste generation, all of them of high complexity and high scale. In view of this, there is a need for the imposition of limits on the Economic Power and regulation of activity of production and consumption by the State. This study aimed at the analysis of the problem of post-consumption responsibility in Brazil, related to solid waste from the mode of production, consumption and disposal adopted by contemporary society and the challenge faced by the force of economic power. Then, there was a literature survey and analysis of Brazilian legal standards on the subjects; as an illustration, we analyzed some decisions of Brazilian Superior Courts, as the responsibility of postconsumption at waste - in general is addressed by the Brazilian legal system.Initially, we analyzed the role of the State, the main economic agent, as the planner and regulator of production and consumption and provider of existing mechanisms for achieving social justice, and we made a reflection on the quality and quantity of waste produced and the responsibility towards present and future generations. Secondly, we studied the principles of environmental law that guide the application of post-consumption responsibility, notably the principles of sustainable development and life cycle, prevention and precaution, polluter pays and information. In a third step, we highlighted the role of environmental liability to repair environmental damage and prevent them. And complementing this work, we analyzed the institute of post-consumption responsibility, introduced by the National Solid Waste Policy.This federal rule established the shared responsibility that involves the participation of the entire society, manufacturers, distributors, traders, importers, government,collectors and consumers of the product life cycle, so that the damage is not established, and to set up the reverse logistics, to determine to manufacturers, importers, distributors and traders the duty to refer their post-consumption solid waste to manufacturers and importers so that they provide a proper environmentally disposal.