Política nacional de resíduos sólidos: uma análise à luz da garantia constitucional e da lei infraconstitucional ambiental

Abstract

As the Constitution of the Federative Republic of Brazil 1988 guarantees everyone an ecologically balanced environment, it is up to the Government and the community to its preservation and protection for present and future generations. In view of this, the present work turned to the study of the National Solid Waste Policy, through a literature review, briefly exposing the historical aspects before the enactment of that law. There was no specific legislation dealing on the issue of solid waste. What about after the promulgation of Infraconstitutional Law (Law 12.305 /2010), checking their application through the Rio Grande do Sul state law. In a period where they are produced high levels of solid waste, arose the problem of proper disposal, which ended up causing damage to the soil, the subsoil, the atmospheric air, the ground and surface water, flora, fauna and human health. Only in 2010 is that the Government created the National Solid Waste Policy, as recommended by the Law the need to get the non-generation, reduction, reuse, recycling and solid waste treatment and disposal environmentally sound tailings, minimally affecting the ambient médium. Finally after checking this analysis, its positive aspects already achieved and their current challenges in Brazilian society, it was concluded that it is essential to the intervention of society and the government to the Law 12.305 /2010, can really be effective. Since through the Public Civil Action becomes an effective instrument that ensures the participation of citizens in the effectiveness of the law.