10 anos da Política Nacional de Resíduos Sólidos: análise jurídica da eficácia dos instrumentos existentes na lei

Abstract

Law 12.305, of August 2, 2010, which instituted the National Solid Waste Policy, established new guidelines for Brazilian municipalities regarding the proper final destination of these materials, however, municipal managers have been facing great difficulties in complying with the Law, since the it is broad, complex, with several factors involved, requiring the commitment of high values for implementation and operation. The policy has a list of 18 (eighteen) instruments, one of which is broken down into five more extracted from the National Environment Policy, totaling twenty-two instruments, present in article eighth, whose function is to fulfill the objectives presented in article seventh of law. However, several objectives have not been and are not being met, so it is worth studing whether there are flaws in the instruments. For this reason, this article aims to legally analyze the main instruments presented in the Brazilian National Solid Waste Policy, evaluating its effectiveness in the municipalities after 10 years of enactment of the legislation, indicating its obstacles and feasibility, with regard to technical, legal, institutional and financial aspects involved in the implementation of these instruments.