The issue of incineration in the national solid waste policy: na analysis of the legislative processing post – approval of the PNRS

Abstract

The National Solid Waste Policy - PNRS was approved in 2010, during its 19 years of operation there were a series of conflicts of interest for the approval of the law, among which are those concerning the moratorium on the installation of the incineration industry in the country. In this dispute process, incineration was among the prohibitions of law 12,305 / 10, but there were contradictions that resulted in readjustments of the legal text both to radicalize it and to mitigate it. Due to the centrality of the topic of incineration the objective of this article is to analyze the context of its prohibition inside and outside the process of processing and execution of the PNRS, showing that, based on a fragile legislative construction and the inexistence of controls by the society this impediment eventually became permissive. Although incinerator activity was the only one in the PNRS, it was not overcome by economic rationality, since the guideline was among its prohibitions, it can be seen from the discussions analyzed in the paper that reality was and remains another within the prevailing institutional arrangements. The work is anchored in documentary and bibliographical research related to the bills drafted during the entire process of the PNRS, as well as explores the legislative developments that occurred after its approval. Through choosing the methodological path, we will have the following procedures as methods: bibliographic review; collection of documentary data; mapping of key actors; interviews; data interpretation. Lastly, it aims to stimulate debate and criticism on the backs of a law whose achievement has dragged on for almost two decades without being able to promote efficient state regulation, or to achieve sustainable management of solid waste.