Política pública municipal de resíduos sólidos: diagnóstico do contrato de concessão de serviços públicos de limpeza urbana em Fortaleza

Abstract

Capitalism on today”s society is defined by excessive consumption and production standards, which generates a great amount of solid residues and bring upon us serious environment related problems. A healthy and ecologically balanced environment is an ensured right by our 1988 Federal Constitution, as a most important condition for life itself. The same Legal Diploma gave to cities, material and lawful rights to the local concerns. This brief is focused to a public service of local concern — under city scope — on which public service is focused on urban cleanness and environment preservation. The main question, which drove this study, was to understand how the public authorities act against solid residues related problems, so society can enjoy the constitutional assured right above mentioned. Our thoughts laid on the State”s role and actions, as a public rule maker, on ways and means to create a new and more efficient model of public welfare management. This model finds a better meaning to the expression sustained development, according with the Brudtland Commission concept — “meeting our present necessities without compromising the future generations” capacity of supplying their own basic demands”. Looking at above points, the basic objective of this research was to diagnose the public policy applied in Fortaleza regarding solid residues, as from the law 8621/2002, analyzing the contract which gives a great parcel of the city public cleanness services, awarded by the city executive public power to a private company, verifying their relations and the social/environmental consequences in the city. For that purpose it was persued theoretical incentives with bibliographic, legal and judicial researches, as well as conclusions which were noted among the organs in charge of creating and applying the before mentioned public policy, the last one based on free and well based interviews with key-players of these organs, which initiated the study with Ceara”s capital. The results confirmed our main hypothesis: with the law number 8621/2002, Fortalezas public power wanted out of the obligations within the environmental sector. At the end, we got to the conclusion that Fortalezas public policy regarding solid residues, lacks concern with the population with the local environment and cannot be defined as sustained.