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Principle of sustainable development and solid sediment

Grant number: 15/15521-1
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): October 01, 2015
Effective date (End): September 30, 2016
Field of knowledge:Applied Social Sciences - Law - Special Rights
Principal researcher:Cláudio José Franzolin
Grantee:Luana Reis Roque
Home Institution: Faculdade de Direito. Pontifícia Universidade Católica de Campinas (PUC-CAMP). Campinas , SP, Brazil

Abstract

The Federal Constitution of 1988, to establish among its fundamental principles, the dignity of the human person (art. 3, III, of CF / 88), as the foundation of the Federative Republic of Brazil leverages values for the interpretation of all constitutional requirements and also for infra-constitutional legislation. We have then that the environment is geared toward satisfying the most diverse human needs, so that the Principle I of the Declaration of Rio de Janeiro on Environment and Development of 1992 expressly provides that "Human beings are at the center of concerns for sustainable development. They are entitled to a healthy and productive life, harmonious with nature "(Eco-92). On the other hand, in a recent United Nations Development Programme report for Development (UNDP) shows that the twentieth century was the century of consumption and continues the twenty-first century, coupled with population growth in recent years and increasing urbanization. So there is a Consumer Protection Code (L. 8078/90) which recognizes that the consumer is a vulnerable subject in the consumer market. This consumption causes a planned obsolescence which causes a rapid loss of interest in products and become waste; in turn, this waste becomes unnecessary and causes a large volume of disposal compromising the health and the environment. So we need to open paths to bring elements for deepening and complementarity of the research work entitled "Civil liability of the supplier arising from post-consumer products." But the study only develops, as it is recognized that legal thinking in the contemporary context is constructed from some assumptions: i. the importance of legitimacy and sensitivity in legal discourse, rather than strict legality; ii. the legality of new rights; iii. the recognition of the social function of the business and its importance to the stage for socioeconomic development; iv. recognition of the principles with normative potential. What is a principle? What does social function? What is established is a dialectical tension between the promotion and effectiveness of the principle of sustainability and the importance of recognizing the social and economic function of the company for socioeconomic development. The Brazilian government must reconcile their production practices to environmental protection. One of the biggest problems faced in contemporary and compromising sustainability is the issue of solid waste. Not coincidentally, it was incorporated into the law the Law 12.305 / 2010, which regulates the National Policy on Solid Waste. Thus, the concern is to establish a dialogue between constitutional law, environmental law and consumer law.

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