Logística reversa no agronegócio brasileiro à luz da Lei 12.305/2010: ESG como ferramenta para garantia de equidade intergeracional

Abstract

This dissertation analyzes the National Solid Waste Policy, established by Law No. 12,305/2010, as a fundamental legal instrument for promoting sustainable development in Brazil, focusing on the challenges and potential of agribusiness. It begins with a historicalevolutionary approach to the relationship between humans and the environment, highlighting how population growth, industrialization, and technological advancement have intensified the exploitation of natural resources and the generation of solid waste, demonstrating the importance of regulating environmental protection. The work examines how, since the promulgation of the 1988 Constitution, an ecologically balanced environment has been recognized as a fundamental right, and the economic order must observe environmental protection, thus demonstrating the role of Environmental Law as an instrument of social transformation. In this context, the National Solid Waste Policy is analyzed based on its principles, objectives, and instruments, with emphasis on shared responsibility for the product life cycle, reverse logistics, and the internalization of environmental costs, understood as essential mechanisms for reorganizing production and consumption patterns. Brazilian agribusiness is addressed as a strategic sector of the national economy and, at the same time, as a significant source of solid waste generation, such as pesticide packaging, agro-industrial waste, animal manure, and byproducts of agricultural processing. The research demonstrates that the proper management of these wastes can lead to the modernization of production, in addition to adding economic value to the sector and strengthening international competitiveness, especially in the face of increasing environmental, social, and governance demands. The role of the State as responsible for guiding the transformation towards sustainable agricultural practices is also analyzed, through integrated public policies, consistent environmental regulation, and the use of economic and financial instruments capable of guiding behaviors and internalizing environmental externalities. Agroecology and the National Policy on Agroecology and Organic Production are examined as expressions of new productive paradigms, compatible with the objectives of the National Solid Waste Policy and with the constitutional foundations of sustainable development. Finally, this work identifies structural challenges to the effective implementation of sustainability in Brazilian agribusiness, such as institutional fragmentation, regional inequalities, power asymmetry among economic agents, and the fragility of environmental oversight. It concludes that the effectiveness of the National Solid Waste Policy depends on integrated state action, institutional strengthening, and a constitutionally oriented interpretation of Environmental Law, capable of reconciling agricultural productivity, environmental protection, and intergenerational justice.