A função regulatória dos contratos administrativos dos serviços públicos da cadeia de reciclagem de resíduos sólidos urbanos

Abstract

This study deals with the regulatory function of administrative contracts for public services in the urban solid waste recycling chain based on the social and economic values established by the National Urban Solid Waste Policy. It aims to investigate whether the prohibition, established by Federal Law No. 14.026/2020, on the provision of public basic sanitation services, including those in the recycling cycle of MSW management, through forms other than the concession of the service or direct provision by the Municipality, disregards the regulatory function of administrative contracts in relation to the social and economic values of the PNRS. The central hypothesis of this paper is that the legal model for bidding and contracting in article 10 of the Basic Sanitation Guidelines Law applied to public services for the selective collection and sorting of dry solid waste, by determining the mandatory provision by concession of the service or by direct provision by the Municipal Authority, fails to recognize the economic and social potential of recyclable waste to generate jobs, income and promote citizenship, the social inclusion of waste pickers, as well as the economic values of cooperatives and stimulating the recycling industry, as set out in the PNRS. To this end, it establishes the theoretical framework, exploring the regulatory function of administrative contracts in the urban social order. It analyzes the social and economic values of the National Urban Solid Waste Policy based on a conceptual model, highlighting the problem of the lack of practical compliance with these values in contracts related to the recycling chain. It constructs legal parameters based on an axiological interpretation of the legal system that highlights the duty to give preference to hiring waste pickers over private companies in selective collection and sorting services for solid urban waste. It also uses the hypothetical-deductive approach method to structure the research.