aula: meio ambiente e relação de consumo

REVERSE LOGISTICS: THE BRAZILIAN EXPERIENCE

Patrícia Iglecias Santiago, 2016

SETTING THE SCENE

Brazil

Population: 206.356.199 (IBGE)

Solid Waste Per Capita/year:

387,73 Kg (Abrelpe, 2015)

Inadequate disposal of waste: 41,6%

2

WASTE INVENTORY – SÃO PAULO STATE

Year Total Number

of Municipalities

Adequate Solid Waste

Landfill

1997 645 27 (4.2%)

2015 645 604 (95.6%)

3

LEGAL FRAMEWORK

1. Environmental law and the brown agenda in Brazil

• Industrialisation, urbanisation and pollution

• Traditional (sectorial) approach: air and water

• Recent developments: sanitation, contaminated land (soil), waste, etc.

» Integration with the green agenda (natural resources conservation)

4

WASTE LAW AND ITS RELATIONSHIP WITH OTHERS FIELDS OF LAW

• Consumer protection: waste law between consumer rights and duties

» Information is required (Provide information on waste prevention, recycling and elimination)

» Eco-friendly products

• Dangerous substances and product policies

• Contaminated land

• Competition law, tax law etc.

• Waste prevention (Eco-design, eco-efficiency, etc.)

5

WASTE LAW: AGENDA

• Shared responsibility for product life cycle (≅European Extended Product Responsibility)

• “Post-consumption responsibility”

• Who is responsible…?

» Manufacturers and importers

» Distributors and sellers

» Consumers

» Public cleaning service (Government)

6

SHARED RESPONSIBILITY

Product lifecycle:

–Development

–Manufacturing

–Consumption

–Final destination

–Final disposal

7

MANUFACTURERS AND IMPORTERS

Trading procedures

Used products

Used packaging

Stations for the voluntary delivery

Used packaging

Recyclable materials

Partnerships with collector’s

cooperatives (pickers)

Recyclable materials

Selective Collection

8

DISTRIBUTORS AND SELLERS

Returning of used products and used packaging to manufacturers and importers.

9

CONSUMERS

Returning of the used products and

packaging

Separation of the dry waste for the

selective collection

10

SOCIAL ASPECTS

• Collector’s cooperatives

• Priority

• Qualification

11

PRODUCTS AND REVERSE LOGISTICS

• Pesticides, its waste and packaging

• Products which the packaging are hazardous waste

• Batteries

• Tyres

• Lubricants including all packaging

• Fluorescent bulbs

• Electronic products

• Packaging

12

PROPOSED MODEL IN PACKAGING

• Collection points

• Collector’s cooperatives (pickers)

• Goals: reduction in 22% (quantity of the dry part of the waste in landfills) in 3 years

13

IMPLEMENTATION

• Sectors agreement – public edits from Ministry of the Environment

• Decree (imposed regulation)

• Terms of commitments

14

GOALS

• Proporcionality with the products placed on the market

• Established in the implementation instrument

15

SYNTHESIS OF IDEAS

• Sustainable production and consumption

• Education for consumption

• Waste minimisation

• Participative management and collective appropriation of the environment

16

• Ecological crisis is also a crisis of human values and ethics in all its dimensions. It brings on new thoughts, new conflicts, new possibilities, new solutions and new behaviors as far as the planet is concerned.

17

GENOVEVA CHAGAS DE AZEVEDO

Thanks!

Patrícia Faga Iglecias Lemos

Partner at Iglecias&Famá Law Firm

Head of Environmental Affairs and Associate Professor at

University of São Paulo

iglecias@igleciasfama.com