THE OWNER OF THE WASTE: PERSPECTIVES OF ENVIRONMENTAL LAW IN INTERGENERATIONAL THEORY WITH APPLICABILITY ON TOP BETWEEN 2010/2020

CONSEQUÊNCIAS DOS RESÍDUOS SÓLIDOS NO MEIO AMBIENTE: PROBLEMA MACRO E MICRO

Abstract

The present study points out the problems generated by the "garbage dumps", examined on the National Policy for Solid Waste, in dialogue with Environmental Law, observing the constitutional provisions, legislation and regulations of Law No. 12,305 of August 2, 2010. With the outcome of the proceedings that led to the establishment of the Consórcio Intermunicipal do Meio Ambiente (CIMA), signed in the Termo de Ajustamento de Conduta (TAC) with the Public Prosecution Service of the State of Goiás. The research aims to unfold the solid waste that is collected in the residences, mainly in Jussara/GO, to reflect the implementation of more effective policies, aiming to develop what is listed in the Law. To identify the practical and administrative impediments, since the damages reach different spheres of society and different subjects of rights, whose responsibility is not solely state responsibility, as listed in the constitutional rule of 1988 in the caput of Article 225. The research does not incorporate only one city of Goiás, as they have pretensions of regional order, with the cities of Jussara, Novo Brasil, Fazenda Nova, Santa Fé de Goiás, Itapirapuã, Britânia, Matrinchã and Montes Claros de Goiás, basis to support the study of the case records of numbers 5128277.93.2018.8.09.0097. The case record is the basis for the execution of an extrajudicial title, whose promoter is the Public Prosecutor against CIMA. The treatment of waste collected in the urban area should have a unique space, aiming at treatment and correct destination, as provided for by law. The scenario that walks towards the temporal context of the research, cut out between the years 2010 to 2020, covering the contemporary nuances and intergenerational theory, consists of the defense that environmental damage is capable of affecting numerous generations. Thus, it encompasses principles, mainly by valuing education, as capable of instigating environmental awareness, united with other actions, such as recycling and change in consumption habits.