Repercussões socioambientais da atuação do Ministério Público da Paraíba na garantia da adequada destinação dos resíduos sólidos urbanos: uma análise do programa "Fim dos lixões"

Abstract

This dissertation aims to analyze the extrajudicial actions of the Public Prosecutor's Office of Paraíba (MPPB, acronym in Portuguese) in the eradication of open-air dumps between 2018 and 2024, with emphasis on the socio-environmental repercussions for waste pickers, based on the implementation of the "End of Dumps" program. The improper management of municipal solid waste, particularly through the persistence of open-air dumps, constitutes one of Brazil's most significant socio-environmental challenges. In Paraíba, by 2018, only 29 out of 223 municipalities ensured environmentally appropriate final disposal of solid waste. In response, the MPPB, in coordination with other institutions such as the Federal Public Prosecutor's Office (MPF, acronym in Portuguese), the Superintendence of Environmental Administration (SUDEMA, acronym in Portuguese), the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA, acronym in Portuguese), and the Federation of the Municipalities of Paraíba (FAMUP, acronym in Portuguese), developed the "End of Dumps" program. This initiative aimed at the progressive eradication of such areas and compliance with the guidelines established by Law nº 12.305/2010 (PNRS, acronym in Portuguese). The legal and socio-environmental issue examined concerns violations of environmental regulations and the social consequences of dump closures, particularly for recyclable waste pickers. Although essential for environmental preservation and public health, the closure of these sites demands public policies capable of fostering the productive and social reintegration of affected workers. The relevance of this study lies in the need to understand, from both legal and social perspectives, the effects of the Public Prosecutor's role in consolidating the PNRS, in light of the fundamental right to an ecologically balanced environment and the principles of human dignity and socio-environmental justice. The research adopted the deductive method, with a predominantly qualitative and, to a lesser extent, quantitative approach. It is exploratory and descriptive in nature, relying on a literature review and documentary analysis, especially of technical data and reports issued by the MPPB. The findings indicate significant progress in the proper disposal of solid waste in Paraíba, culminating in the closure of all open-air dumps by the end of 2024. However, it became evident that greater attention must be given to the social inclusion of waste pickers, whose livelihoods were directly affected by the elimination of informal workspaces. Although the MPPB acted strategically and in coordination with other institutions, the effectiveness of environmental protection depends on integrated measures of social justice, especially the inclusion of waste pickers in formal selective collection programs. It is concluded that the MPPB's actions were essential for implementing the PNRS, particularly through the use of extrajudicial instruments such as Non-Prosecution Agreements (ANPPs, acronym in Portuguese) and Conduct Adjustment Terms (TACs, acronym in Portuguese). Nevertheless, to ensure the effectiveness of public policies and the full protection of socio-environmental rights, it is crucial to integrate waste pickers into recycling production chains, ensuring them citizenship, decent work, and social recognition. [resumo fornecido pelo autor]