Resíduos de construção civil: um panorama acerca dos aspectos legais pertinentes no Brasil e Colômbia

Abstract

The issue of construction and demolition waste (CDW) assumes significant proportions in Brazil and Colombia's environmental and urban agendas. This study aims to deepen the understanding of the legal aspects surrounding the management of these wastes in both contexts, emphasizing the similarities and discrepancies between the adopted regulatory approaches. In Brazil, Law No. 12,305/2010, which establishes the National Solid Waste Policy (PNRS), is the backbone of regulations related to CDW. It directs actions for reducing, reusing, recycling, and properly disposing of this waste. Furthermore, CONAMA Resolution No. 307/2002 stipulates the guidelines for the environmental licensing of related activities, reinforcing the technical-legal nature of the approach. However, challenges still need to be addressed regarding the effectiveness of inspection and the implementation of recommended practices. In Colombia, Law 1259 of 2008 and the National Policy for Comprehensive Solid Waste Management (PNGIRS) define the legal framework for CDW. These measures endorse minimization, reuse, and recycling principles, in addition to assigning shared responsibilities to the various actors in the production chain. While the legislation reflects a tangible commitment to the sustainable management of CDW, its complete implementation demands efficient convergence between the public and private sectors. The comparison between the regulatory regimes in Brazil and Colombia shows affinities in focus: both recognize the need to act in the generation, handling, and disposal of CDW. However, practical challenges persist in both nations, such as a need for more recycling infrastructure and public awareness. The harmonization of assertive strategies to stimulate the adoption of sustainable technologies, promote inspection and compliance, and increase society's awareness, emerges as a shared imperative.