Aspectos jurídicos da política nacional de resíduos sólidos: o desafio da intermunicipalidade

Abstract

The present study aims to address the challenge of the intermunicipal management of solid waste services. To attain our goal, we emphasize the legal aspects of the National Polician of Solid Waste, highlighting the legal principles governing the subject. In this step we will briefly outline the concept and function of legal principles, explicitly addressing those who hold the legal discipline of solid waste. We take care of the power to legislate about solid waste and run their services, pointing based on constitutional and legal jurisdiction of the Municipalities and the Federal District to perform such services. Recognized municipal competence, with a predominance local interest, we examine the challenge of managing the associated municipalities, highlighting two main forms: the regional figures (metropolitan, urban agglomeration and micro region) and public consortium. From this scenario we conclude that the associated management is the most appropriate way to meet the objectives elected by Law 12.305/2010, since it allows the sum of efforts of various municipalities for achieving the same goal, reaching it a best relation between cost and benefit. Foreseeing the possibility of a municipality be more burdened than others propose the institution of a system of financial compensation due to him that withstand greater environmental burden than others