A implementação da responsabilidade compartilhada por meio da logística reversa: questionamento sobre a obrigatoriedade dos acordos setoriais a partir da experiência do setor de óleo lubrificante usado ou contaminado (OLUC)

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Sampaio, Rômulo Silveira da Rocha
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The National Policy on Solid Waste instituted a model of environmental governance based on shared responsibility for the product life cycle, a preventive dimension of postconsumer responsibility that emerges from the consideration of waste as socio-environmental goods. One of the tools of implementation of shared responsibility is reverse logistics, which establishes responsibilities and duties for the members of the production and consumption chain in order to mitigate the damages caused by the generation of waste, to avoid the negative impacts resulting from the environmentally inadequate disposal of the waste, regulate the problem of the internalisation of environmental costs by their generators and encourage their reuse. In turn, for the implementation of reverse logistics systems, Law 12.305/2010 provides as instruments: sectoral agreement, term of commitment and regulation. The preferential use of sectoral agreements was established, since, among the three, it is the one that makes possible greater social participation. However, if the use of consensual mechanisms is desirable in theory, sectoral agreements have been the object of questioning in practice. Thus, based on the question of how best to implement the shared responsibility that underpins environmental governance of solid waste, this study proposes to verify if the mandatory implementation of reverse logistics systems depends on the conclusion of sectoral agreements. The hypothesis is that the regulatory instrument capable of ensuring greater effectiveness of reverse logistics systems and, consequently, shared responsibility will be determined by the history, organization and characteristics of each sector. In order to test the proposed hypothesis, the study of reverse logistics in the Used or Contaminated Lubricant Oil (OLUC) sector is carried out, which, despite already having a system in place and in operation, was the subject of a sectoral agreement proposal.