Implicações da Lei nº. 12.690 de 2012 para as cooperativas de catadores de materiais recicláveis.

Abstract

The purpose of this research is to answer if the Brazilian federal law 12,690 from 2012, that supports the activities of labor cooperatives, presents benefits or obstacles in the particular case of waste pickers cooperatives. In addition, it will be also identified its positive or negative points and the difficulty of its implementation, that can be bureaucratic, technical or economic. The overall goal is to analyze the implications of this law, with respect to the organization, socioeconomic status and general labor conditions. This research can be considered exploratory, because there are few discussions or papers about actual legislation on labor cooperatives that support this study. This is considered a qualitative research, that compares the new legislation (law no. 12,690 from 2012) with the previous legislation (law no. 5,764 from 1971) and investigates the possible implications for cooperatives and cooperative workers. It was verified that the law has not essentially a "formal worker" character, as verified in a comparative analysis between the three laws, the present law, the Federal Brazilian Constitution and the Brazilian Consolidation of Labor Laws. It is noted that the law nº 12,690 from 2012 only emphasized social rights of the Brazilian Federal Constitution, which apply to all working relationship to ensure human dignity. The study shows that the greatest impact of this law will be in the economic sector of waste picker s cooperatives, because the implementation and impact of these rules to labor relations may increase the final selling material price. The recyclable materials more expensive, some companies cannot purchase them and the cooperatives cannot be able to self-sustaining and eventually should close their businesses. Therefore, considering an adequate public policies to balance the socioeconomic factor, the Law 12,690 from 2012 would meet the expectations of the category of recyclable materials and guarantee the dignity in their work activities. To establish the balance between public policies and the Law 12,690 from 2012, it is recommended to implement municipal programs of selective waste collection. The society must be stimulated to segregate the domestic and industrial waste. Moreover the existing social programs shall be reinforced, and the cooperatives of recyclable materials needs to become more popular in the market and the recycling activity must be encouraged, in which reduction of taxes on recycled materials should occur. It is also recommended to create specific legal rules for the recyclable materials pikers category, especially on health and safety, in accordance with their reality. It is due to the fact that they are different from other companies that envisage the profit and transmit the costs to the final consumers.