Efeitos extraterritoriais da diretiva (UE) 2019/904 sobre a redução de produtos plásticos no meio ambiente: sustentabilidade e adequação da cadeia de produção no mercado brasileiro?

Abstract

The present article has the aim to analyze the effects of the Directive (EU) 2019/904 on reducing the impact of certain plastic products on the environment on the Brazilian producer market of products containing single-use plastic, emphasizing the Brussels Effect and the adequacy of the Brazilian production chain to the Directive. The research is justified by the current global en- vironmental crisis, especially regarding the marine plastic pollution, in the context of the Ocean Decade proclaimed by the UN and global actions aimed at combating marine plastic pollution. In addition to its topicality and relevance, the research is justified by its deeper analysis of the mentioned European legislation, which is in force since 2021 and whose studies are still scarce. For its execution, the inductive research method was used, based on legislation, legal treatises, and jurisprudence to identify the extraterritorial effects of the Directive in Brazil. Furthermore, quantitative and qualitative methods were used in order to assess values and their representations involving bilateral trade between Brazil and the European Union (EU). In conclusion, it is possible to summarize that the Directive has an extraterritorial effect, also known as the Brussels Effect, and that, in addition to being pressured by certain factors identified throughout the work, the European legislation has the ability to coax the Brazilian production chain of products containing single-use plastic, inasmuch as Brazil has a strong dependence on the European market, so that the Brussels Effect finds its ground in the aforementioned commercial relationship, hence Brazilian producers must adapt to the requirements imposed by the Directive.