O direito de autogestão dos resíduos sólidos por condomínios residenciais

Abstract

This work deals with the management of solid household waste, analyzing the right of selfmanagement of solid waste by residential condominiums, which is the possibility that these enterprises can manage their waste by own means, dispensing with public collection services. The research was carried out through bibliographical and documentary revision, and organized in four chapters. The first chapter deals with the concepts of public services and the possibility of their coexistence with private practice. The second presents concepts about solid waste management and the current context in Brazil, also addressing the definitions of closed home projects and the concept of self management, suggesting a waste management model for residential condominiums. The following chapters present the grounds that confirm the right of self-management of waste by these condominiums. These grounds are divided into constitutional foundations, presented in the third chapter, and infra-constitutional foundations, in the fourth chapter. Contrary to positions of the Public Power that, when claiming exclusive ownership of the public services of collection and transportation of solid household residues, prevent the condominiums from conducting their own waste management, or from hiring companies to provide these services privately, this work Concludes that the right to selfmanagement of solid waste by residential condominiums is legitimate, both based on constitutional and infraconstitutional provisions.