Responsabilidade dos municípios na gestão dos resíduos sólidos urbanos

Abstract

In 2020, the per capita generation of Urban Solid Waste (USW) in Brazil was, on average, 1.07 kg of waste per day, with the Southeast region representing the largest generation (49.7% of USW). Regarding the final disposal of USW, about 60% of the collected waste was sent to sanitary landfills, while 40% was sent to areas of inadequate disposal, such as dumps and controlled landfills, especially in the Northeast region (36, 3% of municipalities) and North 35.6% (36.3% of municipalities). Thus, this article aims to present the responsibility of municipal entities in the legal scope of USW management. In order to achieve that objective, the methodological procedure adopted was a literature review of the related legislation, jurisprudence and doctrine. In addition, this article aims to provide an interface with environmental responsibility, regarding the responsibility of the Public Power for non-compliance with their legal duty to promote the adequate disposal of USW, especially the Municipalities. In short, it is worth mentioning that the environmental damage caused by the inadequate management of USW generates responsibility with the duty to repair the environment. In this context, the Municipality has the competence to contribute with environment preservation, concerning the implementation of guidelines for an effective reduction of environmental damage caused by the inadequate disposal of USW, according to the Federal Constitution of 1988 and the art. 14, § 1 of Law n° 6.938/81. In environmental matters, civil liability is provided in art. 4, item VII, of Law 9,638/81 and it is objective of the integral risk type, so that the person responsible is responsible for the risk of his action or omission without admitting exclusions. Furthermore, it is highlighted that the State is responsible for the damages caused – by action or omission – by its agents. In conclusion, it is reinforced that protection of the environment follows a preservationist prism in order to meet a principle of intergenerational responsibility, which is the duty of contemporary society towards future generations.