A gestão de resíduos fotovoltaicos e os desafios jurídico-ambientais na promoção do consumo sustentável

Abstract

This dissertation is part of the Graduate Program in Law (PPGDIR) at the University of Caxias do Sul (UCS), within the research area of Environmental Law, Public Policy, and Socioeconomic Development, which focuses on Environmental Law and Society. Its topic is the management of photovoltaic waste and the legal and environmental challenges in promoting sustainable consumption. The energy transition is considered a key process for sustainable development, with solar energy being one of the main sources of renewable energy. In this regard, the expansion of renewable energy sources has driven the growth of solar energy in Brazil, while also serving as a strategy to promote sustainable consumption and help reduce environmental impacts. According to IRENA data, it is estimated that there will be a significant increase in the generation of photovoltaic waste in the coming decades, which poses new challenges for environmental law and consumer law regarding the proper environmental disposal of this waste at the end of its useful life. Accordingly, the overall objective is to investigate how the circular economy can contribute to sustainable consumption and the management of photovoltaic module waste in light of the expansion of solar energy, identifying the legal challenges faced by consumers, public policies, and waste management practices in this sector, with a focus on broad environmental protection. To this end, a legal-analytical approach was employed, seeking, through a literature review, insights from legal doctrine, case law, legislation, websites, and national and international technical documents by authors who address solar energy waste, sustainable development, sustainable consumption, and the circular economy. It is concluded that the effective implementation of the circular economy in the photovoltaic sector depends on improving Brazilian legislation, implementing specific reverse logistics systems for the sector, ensuring integrated action across the entire production chain, expanding the duty to provide environmental information to consumers, and combating greenwashing, in order to guarantee sustainable consumption in the solar energy sector. Only through shared responsibility will it be possible to prevent future environmental liabilities. To this end, the government needs to update the National Solid Waste Policy and include specific provisions for the management of photovoltaic panels, in order to keep pace with technological advancements and implement circularity in the sector, as the research has demonstrated that the circular economy is integral to the concept of sustainable development and can serve as a framework for managing reverse logistics in the disposal of photovoltaic panels. [resumo fornecido pelo autor]