SOLID WASTE COLLECTION AND COOPERATIVE PUBLIC BIDDING - A STUDY OF BRAZILIAN CASE COOPERATIVAS DE RECOLECCIÓN DE RESIDUOS SÓLIDOS Y OFERTAS PÚBLICAS: UN ESTUDIO DE CASO BRASILEÑO

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dc.contributor.authorNeto J.F.S.
dc.contributor.authorMenezes D.F.N.
dc.date.accessioned2024-03-12T23:50:52Z
dc.date.available2024-03-12T23:50:52Z
dc.date.issued2019
dc.description.abstract© 2019, CIRIEC. All rights reserved.The state has a strong purchasing power, not only for its resources, but also for its structural needs. From this it follows that the action of the "consumer state" tends, at the same time, to promote compliance with the demands of the public machine and to foster the economy in general. By highlighting the promotion of the economy, national states finally assume a strategic cycle that seeks to combine sustainability with a focus on local development actions. In recent years, the State has promoted public policies that tend to expand development initiatives in full collaboration with associations and cooperatives, which operate in various sectors of public interest. One of the main ways of considering sustainable local development occurs through incentives, such as the waiver of tenders in the hiring of these entities to promote the collection, processing and marketing of solid waste. The purpose of this research is to analyze the tender exemption for selective collection by associations and cooperatives formed by low-income people as a result of the Sustainable Development Goals (SDGs) proclaimed in the 2030 Agenda, while promoting (and looking for carry out) medium and long-range public policies. It is in this sense, for example, that the National Solid Waste Policy (PNRS) of Brazil, established by Law 12.305/2010, specifies in article 8, point IV, that the incentive for the creation of cooperatives or other forms associations of collectors of reusable and recyclable materials become one of the main instruments of this sustainability policy. At the municipal level, the creation of these entities with the possibility of exemption from bidding promotes sustainability policies, radiating various effects for various social segments, such as access to income by hypo sufficient people, promoting an important aspect of justice Social. In this context, due to the advent of the legal framework built by the Constitution of the Federative Republic of Brazil of 1988-CRFB, it is true that the performance of the State in contracting must be subject to moralizing principles, such as isonomy, the search for more effective proposal and, more recently, sustainable national development, as Law 11.445 / 2007 adds to the emblematic Law 8.666/1993. In addition to the socioeconomic improvements mentioned above, the promotion of rights considered as fourth-dimensional, such as the ecologically balanced environment with intergenerational benefits, favors sustainable purchases. In this sense, if before there was an apparent forgetfulness of the social problems that involve the public procurement process, today, it can be said, there is a regulatory duty imposed on the public manager to promote both social and environmental aspects, as provided in the Article 24, XXVII, of Law 8.666/1993. From this legal provision, it is possible to contract directly (without tender) associations or cooperatives formed exclusively by low-income people recognized by the government as collectors of recyclable materials for the collection, processing and commercialization of recyclable or reusable urban solid waste, in areas with a selective waste collection system. This legal provision is included in PNRS, article 36, paragraphs 1 and 2, which will be detailed further below. At the same time, we also consider the impact on sustainable development that the implementation of such public procurement policy can have. This can be seen, for example, in the positive effect on the reduction of plastic and other petroleum products in contact with the soil, the reduction of recyclable waste released on public roads and the consequent improvement in water drainage systems Rainfall, in addition to, of course, the greatest preservation of ecosystems and species. It is in this sense that the text is addressed, seeking to verify what can be contemplated through the exemption of tender in the selective collection of waste by associations or cooperatives. By the way, it should be noted that the proposed approach presupposes the dialogue between administrative law, public management, the right to the city and sustainable development based on the triangulated legal framework, internally, by CRFB, Law 8.666/93 and PNRS, and abroad, the United Nations International Conferences for the Environment. To achieve this objective, this essay reviewed the already consolidated work on direct contracting, addressing legislation, doctrine and, slightly, jurisprudence (not only in the courts but also in the Court of Auditors of the Union-TCU); and the treatment given to the subject from an international perspective through the analysis, albeit initially, of international documents and legal systems. Based on this information, an analysis was carried out on the implications and limitations of the research object against the 2030 Agenda. Consequently, this document was organized in three sections: in the first section, we seek to organize the debate on sustainability, public procurement and its importance in international sustainable development, pointing out the national and local / municipal perspective of this action; the second deals with the confrontation of the tender exemption for selective collection with the SDGs; and finally, the third one addresses the challenges and the possible collaborator presented by associations and cooperatives for the work in the collection, processing and commercialization of these materials. The conclusion is that direct contracting through the exemption of the tender for the selective collection of waste by the members / associates of the cooperative, in addition to being considered by the National Solid Waste Policy as an instrument to promote development sustainable, is a viable way to reduce social problems. Issues such as extreme poverty, child labor and family work in garbage collection, for example, will have a reduction in incidence by adopting this model locally and, of course, gains in environmental preservation. When analyzing the objectives of sustainable development in relation to the exemption of bidding to contract associations or cooperatives with low-income people, he realized that 13 of the 17 SDGs in the 2030 Agenda could be partially contemplated or debated from direct contracting and incentive consequent for collective organizations to take place, which would lead to an improvement in the quality of life of these hyposufficient people involved. However, despite its obvious advantages, the implementation of a sustainable local purchasing policy in Brazil has several obstacles. In this scenario, the political, structural / organizational, economic and social aspects stand out. In view of the above, and the potential that the consumer state has undeniable, it is necessary to expand the vision in public management to aspects of sustainability in public administration actions, as the so-called pioneer nations in purchasing have done. sustainable public In Brazil, the road is already, to some extent, open, pointing to mechanisms that integrate the combined efforts of society and the state itself, in order to honor the public policies that, in a way, contribute to the preservation of the environment and reduce the suffering of the hyposufficient population in Brazilian cities.
dc.description.issuenumber35
dc.description.volume2019
dc.identifier.issn1989-7332
dc.identifier.urihttps://dspace.mackenzie.br/handle/10899/35144
dc.relation.ispartofCIRIEC-Espana, Revista Juridica de Economia Social y Cooperativa
dc.rightsAcesso Restrito
dc.subject.otherlanguage2030 Agenda
dc.subject.otherlanguageCooperation
dc.subject.otherlanguageSolid waste
dc.subject.otherlanguagesustainable development
dc.titleSOLID WASTE COLLECTION AND COOPERATIVE PUBLIC BIDDING - A STUDY OF BRAZILIAN CASE COOPERATIVAS DE RECOLECCIÓN DE RESIDUOS SÓLIDOS Y OFERTAS PÚBLICAS: UN ESTUDIO DE CASO BRASILEÑO
dc.typeArtigo
local.scopus.citations0
local.scopus.eid2-s2.0-85180212492
local.scopus.updated2024-05-01
local.scopus.urlhttps://www.scopus.com/inward/record.uri?partnerID=HzOxMe3b&scp=85180212492&origin=inward
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