O princípio do Protetor-Recebedor como inovação na Política Nacional de Resíduos Sólidos: limites e potencialidades para fomentar a gestão integrada de resíduos no país

Abstract

The National Waste Policy (NWP) is the main federal regulation on the subject of solid waste in the country, it was promulgated in 2010, and is structured in principles, objectives and instruments. The principles are the basis of a policy, and among those of the NWP are, jointly, the principles of the polluter pays, already established in Brazilian environmental policies by the National Environmental Policy of 1981, and the protector-receiver, then having its first appearance in national policies. The polluter protector-receiver has its greatest recurrence when applied to payment for environmental services aimed at the use of land and preservation of water resources, as for the issue of solid waste, it is still reduced, with a lack of doctrinal and jurisprudence. In this way, the objective is to understand the application of the protectorreceiver principle for the management of solid waste in Brazil. Thus, the state of the art of this topic is presented, the relationship between this principle and the objectives and instruments of the NWP, the corresponding legal normative framework, national experiences of application and a comparative analysis between them and the correlation of the topic with current environmental agendas. One way to implement the protector-receiver is through the Payment for Environmental Service, an economic instrument for environmental management, which in the context of solid waste, is known as Payment for Urban Environmental Service (PUES), which aims to remunerate waste pickers for the service. provided of collection and sorting of solid waste. The research pointed out that the application of the principle to waste is still incipient, little discussed in publications and at the federal level there are no policies that specifically deal with PUES, but recent movements have been observed that indicate the likely inclusion of this topic in the federal legal regulatory framework. Meanwhile, in the states and municipalities there are already examples of the implementation of these policies, which since 2011 have rewarded waste pickers. In this scenario, there are still limitations to its application, which consists of a federal legal structure to encourage and expand this payment, advances are still needed to understand the importance of the services provided related to collection and sorting, to promote a better balanced proportion between the amount paid and the work performed, and the challenge of structuring a program that encompasses not only male and female collectors in an organized way, but also those who work individually.