Tarifa nos serviços de coleta e disposição final de resíduos sólidosa viabilidade jurídica e os desafios da contraprestação tarifária a partir da experiência de Joinville na concessão comum

Resumo

This work analyzes the legality of the delegation of solid waste collection and final disposal services and the possibility of charging tariffs directly from users through the common concession. For this purpose, the case of Joinville is used as a study reference, which had general repercussions recognized by the Brazilian Supreme Court (STF) and is pending judgment (Extraordinary Appeal 847.429/SC). The work has the following main objectives: to map the legal arguments under debate and their impacts, based on a qualified analysis of the Joinville experience, as well as to offer recommendations for conduct, in order to provide greater legal certainty in the modeling of concession services for collection and final disposal of solid waste, examples of which are multiplying in Brazilian cities. The analysis of the case allowed, among other things, the verification of the component elements of the Urban Cleaning Tariff, not backed by the effective production of waste, encouraging the concessionaire to promote a non-generation policy. The jurisprudential research in the STF, in turn, indicated the absence of exclusive criteria for the differentiation of tax and tariffs, applied randomly depending on the characteristics of the case under analysis. It was possible to understand, in the light of the Court, the compulsion characterized by the situation of inexistence of legitimate alternatives to achieve the same result. It is concluded that the delegation of the solid waste collection and final disposal service and its tariff remuneration is legally viable, based on the legislative contributions brought by the New Legal Framework for Basic Sanitation (Law 14.026/2020), even if the judgment of the Joinville case by the STF. At the end, it is recommended that the concessionaire creates a communication channel with users in case the property is vacated, the edition of an authorizing law, the forecast of extraordinary revenues, and finally, that the concession period be sufficient to remunerate the services provided, capital invested, amortization of investments made, in addition to considering the attractiveness of the enterprise by the market.

Ficha do documento

Tipo

Dissertação

Ano

2021

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/31068

Temas

Concessões

Palavras-chave

ConcessionCollection service and final disposal of solid wasteDelegationTariffBrazilian Supreme CourtConcessãoServiço de coleta e disposição final de resíduos sólidosDelegaçãoTarifaSupremo Tribunal FederalDireitoConcessões administrativasResíduos sólidosDelegação administrativaTaxasBrasil. Supremo Tribunal Federal