The nullity of contracts of the electronics sector without the prevision of reverse logistics for their respective waste

• Grant number: 16/12996-1
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: January 01, 2017
• End date: December 31, 2017
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Jorge Alberto Soares Tenório
• Grantee: André Ferreira de Castilho
• Host Institution: Escola Politécnica (EP). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated research grant: 12/51871-9 - Study Center for Technology in Waste Solid Treatment and Recycling - SCTWSTR, AP.TEM

Abstract

It was noticed, at the end of the twenty-first century, a fast increase of technologies around the world, responsible for guide the humanity to consumerism. The market took advantage of this strong change of values and concepts, and conducted the production system based on overdone consumption. Thus, the scheduled obsolescence became the rule, mainly in the electronics sector. The bigger environmental concern, however, concomitant with this increase at consumption, tries to stop the degradation caused by the huge quantity of waste produced. In Brazilian case, the law of the National Policy of Solid Waste (Law number 12.305 of 2010) predicted, in the article number 33, VI, the possibility of consider as null a contract in the electronics sector, when it doesn`t have any clause that provides the proper disposal of the solid waste resulting from it. This research discusses the dichotomy between the contractual principle of the autonomy of parts and the State intervention in favor of the environment and the human health. At the Risk Society, described by Ulrich Beck, the excess of waste, caused by the human activity, generates environmental and health risks for the population, but not in the same proportions for all the people. Evaluate this scenario of inequality and balance the risk and responsibility between the parts is also a goal of this project. (AU)