Headnote
ABSTRACT
Objectives: This study aims to analyze the implementation of the Packaging Sector Agreement in Brazil, within the scope of the National Solid Waste Policy (PNRS), highlighting the advances, limitations, and challenges for the socio-productive inclusion of recyclable material collectors supported by reverse logistics credit management entities, considering the updates introduced by Federal Decrees No. 11,043/2022 and No. 11,413/2023.
Theoretical Framework: The theoretical framework is based on the concepts of social sustainability, socioproductive inclusion, reverse logistics, and shared responsibility, engaging with approaches to environmental justice and racism to understand how public policies and the recycling credit market interact with working conditions historically marked by social and racial inequalities.
Method: The adopted method is exploratory, based on bibliographic research and documentary analysis of legislation, reports from management entities, and academic literature, organized into previously defined analytical categories. Results and Discussion: The results and discussion indicate that, despite regulatory strengthening and the creation of new certification instruments, recycling rates in the country remain low and the effective inclusion of waste pickers remains limited, with persistent informality and labor exploitation.
Research Implications: The recycling credit market offers potential for investment and the structuring of cooperatives, but it still operates fragmentedly, reinforcing the gap between regulation and practice and highlighting the need for more integrated public policies and governance mechanisms capable of promoting socioenvironmental justice and decent working conditions.
Keywords: Reverse Logistics, National Solid Waste Policy, Packaging Sector Agreement, Waste Pickers, Socio- Productive Inclusion, Recycling Credits.
RESUMO
Objetivos: Este estudo tem como objetivo analisar a efetivação do Acordo Setorial de Embalagens no Brasil, no âmbito da Política Nacional de Resíduos Sólidos (PNRS), destacando os avanços, limites e desafios para a inclusão socioprodutiva de catadoras e catadores de materiais recicláveis apoiados pelas entidades gestoras de crédito de logística reversa, considerando as atualizações introduzidas pelos Decretos Federais n 11.043/2022 e n 11.413/2023.
Referencial Teórico: O referencial teórico apoia-se nos conceitos de sustentabilidade social, inclusão socioprodutiva, logística reversa e responsabilidade compartilhada, dialogando com abordagens de justiça e racismo ambiental para compreender como políticas públicas e mercado de créditos de reciclagem interagem com as condições de trabalho historicamente marcadas por desigualdades sociais e raciais.
Método: O método adotado é exploratório, baseado em pesquisa bibliográfica e análise documental de legislação, relatórios de entidades gestoras e literatura acadêmica, organizados em categorias analíticas previamente definidas. Resultados e Discussão: Os resultados e discussão indicam que, apesar do fortalecimento regulatório e da criação de novos instrumentos de certificação, os índices de reciclagem no país permanecem baixos e a inclusão efetiva dos catadores segue restrita, com persistência da informalidade e da exploração laboral.
Implicações da Pesquisa: O mercado de créditos de reciclagem apresenta potencial de investimentos e de estruturação de cooperativas, mas ainda opera de modo fragmentado, reforçando a distância entre a regulação e a prática, e evidenciando a necessidade de políticas públicas mais integradas e de mecanismos de governança capazes de promover justiça socioambiental e condições dignas de trabalho.
Palavras-chave: Logística Reversa, Política Nacional de Resíduos Sólidos, Acordo Setorial de Embalagens, Catadores de Materiais Recicláveis, Inclusão Socioprodutiva, Crédito de Reciclagem.
RESUMEN
Objetivos: Este estudio busca analizar la implementación del Acuerdo del Sector de Envases en Brasil, en el marco de la Política Nacional de Residuos Sólidos (PNRS), destacando los avances, limitaciones y desafíos para la inclusión socioproductiva de los recolectores de materiales reciclables con el apoyo de entidades gestoras de créditos de logística inversa, considerando las actualizaciones introducidas por los Decretos Federales n. 11.043/2022 y n. 11.413/2023.
Marco teórico: El marco teórico se basa en los conceptos de sostenibilidad social, inclusión socioproductiva, logística inversa y responsabilidad compartida, abordándolos con enfoques de justicia ambiental y racismo para comprender cómo las políticas públicas y el mercado de créditos de reciclaje interactúan con las condiciones laborales históricamente marcadas por las desigualdades sociales y raciales.
Método: El método adoptado es exploratorio, basado en la investigación bibliográfica y el análisis documental de la legislación, informes de entidades gestoras y literatura académica, organizados en categorías analíticas previamente definidas. Resultados y discusión: Los resultados y la discusión indican que, a pesar del fortalecimiento regulatorio y la creación de nuevos instrumentos de certificación, las tasas de reciclaje en el país siguen siendo bajas y la inclusión efectiva de los recicladores sigue siendo limitada, con una persistente informalidad y explotación laboral.
Implicaciones de la investigación: El mercado de créditos para el reciclaje ofrece potencial para la inversión y la estructuración de cooperativas, pero aún opera de forma fragmentada, lo que profundiza la brecha entre la regulación y la práctica y pone de relieve la necesidad de políticas públicas y mecanismos de gobernanza más integrados capaces de promover la justicia socioambiental y condiciones laborales dignas.
Palabras clave: Logística Inversa, Política Nacional de Residuos Sólidos, Acuerdo Sectorial de Envases, Recicladores, Inclusión Socioproductiva, Créditos de Reciclaje.
1 INTRODUCTION
Federal Law No. 12,305 / 2010 established the National Solid Waste Policy (PNRS), creating instruments to address the main environmental, social and economic problems related to solid waste management in Brazil. Despite legal advances, the country still accounts for about three thousand active dumps (ABREMA, 2024), showing the distance between the norm and reality.
The PNRS established shared responsibility for the product life cycle, involving manufacturers, importers, distributors, traders, consumers and the government in the implementation of reverse logistics of post-consumer packaging (Marchi, 2011). This mechanism is fundamental not only to reduce environmental impacts, but also to promote the circular economy.
The activity of collecting, however, precedes the PNRS itself. Officially recognised in 2002 by the Ministry of Labour and as a result of the mobilisation of social movements, the category was incorporated into public policy, which provides for its participation in different legal articles. Subsequent rules, such as Law No. 14,026 / 2020 (New Sanitation Framework) and Law No. 14,133 / 2021 (New Bidding Law), reinforced the exemption from bidding for contracting services provided by waste pickers cooperatives, consolidating their role in the management of municipal solid waste.
Even so, the reality shows that most of the waste pickers remain in a situation of informality and socioeconomic exclusion. The exploitation of work in dumps and streets, often involving women, the elderly and children, reflects historical structural inequalities that mainly affect the black and peripheral population (Picolotto et al., 2024). Recycling in Brazil has its roots linked to hunger, poverty and social and economic exclusion, rather than to a structured environmental agenda.
In this context, the Packaging Sector Agreement, signed in 2015 by the Packaging Coalition, has become the main legal instrument for the implementation of reverse logistics on a national scale. However, advances have been marked by political tensions, disputes between actors and successive decrees that either reinforce or weaken the management instruments of the PNRS (Brasil, 2010; 2022; 2023).
Given this scenario, this study aims to analyse the effectiveness of the Sectorial Agreement on Packaging in Brazil, considering Federal Decrees No. 11,043 / 2022 and No. 11,413 / 2023, focussing on the socio-productive inclusion of collectors and collectors of recyclable materials supported by the credit management entities of reverse logistics.
It is important to highlight that, even before the publication of the mentioned decrees, there was already a broad debate on the structuring of cooperatives and associations of waste pickers, driven by the benefits derived from recycling credits. This debate is greatly stimulated by the competition between the existing management entities and anchored in the oldest reverse logistics programmes, such as Mãos pro Futuro, an initiative in operation since 2006, which develops reverse logistics activities, fostering job creation, income increase and social inclusion through collaboration with cooperatives of recyclable material collectors. And Reciclar pelo Brasil, which provides technical support and applies resources directly to selected cooperatives, with the objective of improving recycling operations and promoting the economic growth of these enterprises.
This approach gained even more prominence in the marketing discourses of companies in general, including the current management entities present in the market, after the publication of the decree.
The connection between the inclusion of waste pickers and sustainable business practices lies in the potential for synergy between social initiatives and corporate environmental responsibility. The integration of waste pickers in the recycling production chain, through strengthening and recovery programmes, can be seen as an opportunity for corporations to expand their socio-environmental commitments, not only meeting market demands, but promoting a real transformation.
2 THEORETICAL FRAMEWORK
This work has as main objective to analyse the effectiveness of the Sectorial Agreement of Packaging in general in Brazil, especially with regard to the socio-productive inclusion of the collectors of recyclable materials, especially in relation to the performance of the credit management entities of reverse logistics. To develop this analysis, it is necessary to consider fundamental concepts related to the theme, such as social sustainability, socio-productive inclusion and reverse logistics. In the case of reverse logistics, the notions of shared responsibility, management entities' performance, recycling credit market and the packaging sector agreement are also included.
These categories interrelate and structure the theoretical foundation of our aspiration for an integrated approach to the issue of solid waste and social inclusion in the context of recycling. And they form the conceptual basis for understanding the role of the collectors in the implementation of the Sectorial Agreement.
According to Professor Elimar Pinheiro do Nascimento (2012), the definition of sustainability comes from Ecology, a branch of Biology that gives ecosystems the ability to recover from the aggressions suffered in the face of human action; and Economic Science, with the understanding that the pattern of production and consumption, especially from the last decades of the twentieth century, cannot be maintained at current levels, under penalty of serious consequences, such as species extinction, scarcity of drinking water, soil erosion, loss of biodiversity and global warming.
According to this definition, the sustainable use of natural resources must meet the needs of the present generation without harming future ones. In social terms, sustainability includes recognising and assessing the needs of the most different social groups today, providing better income distribution and reducing social differences to ensure improved quality of life for the entire population in the future. Undignified working conditions, unsanitary conditions, food insecurity and environmental degradation may have the same origin, as emphasised by Bastos e Silva (2021):
"In this sense, the environmental issue is presented as an expression of the social issue, it is necessary to observe that there is nothing outside the environment - human society is in nature. The environmental issue permeates all social relations" (Bastos; Silva, 2021, p.4).
Therefore, the displacement of the link between income distribution and the environment reflects a profound discussion, which has to do with the need to guarantee future generations a better environment.
Social sustainability has expanded to highlight the importance of social participation in building a fairer future. However, despite the important advances, both in the theoretical scope and in its practical implementation, as well as in issues raised in advance by the study we seek to undertake, social sustainability remains basically linked to the rules of the game of the capitalist market system.
Despite efforts to promote the sustainability and inclusion of waste pickers, the recycling market continues to be based on the exploitation of these workers, who are mostly black, poor and poorly paid.
As highlighted by Rejane Paredes, accountant and technical advisor of the Waste and Citizenship Institute (ILIX) and the National Movement of Recyclable Materials (MNCR), in an interview published in the book Disposable Humanities (2024), when addressing an unprecedented diagnosis of human rights violations at the base of the recycling production chain in Brazil: "when you buy any product in the supermarket, you are not guaranteed that it will have an origin without child labour, without exploitation." (Picolotto et al., 2024).
This leads us to question the real impact of the sustainability actions that companies promote in their marketing strategies, sustainability reports and in the labels of the packaging of their products. Based on this assumption, this study seeks to investigate whether the implementation of the Sectorial Agreement on Packaging in Brazil, as established by PNRS / 2010 and by Federal Decrees No. 11,043 / 22 and No. 11,413 / 23, has contributed significantly to the socio-productive inclusion of waste pickers.
It is worth noting that the fundamental right to a balanced environment is closely linked to the development of a just and solidary society, as pointed out by the Federal Constitution. This right not only ensures dignified living conditions, but also "is in line with the notion of full development of the human personality, understanding it as directly linked to the reduction of social inequalities, eradication of poverty, as well as the right to health and dignified life" (Guimarães, 2018). This relationship reinforces the importance of inclusive and equitable policies in environmental management and the protection of workers, including waste pickers, who play an essential role in the recycling and sustainability chain.
David Pellow (2000) points out that "environmental injustices often fall on the shoulders of the poorest and most racially excluded populations" (Pellow, 2000). In the context of recycling and reverse logistics, this marginalisation becomes evident when one observes the precarious conditions in which many waste pickers work, without proper legal or structural support.
Regarding the socio-productive inclusion of waste pickers, Valéria Bastos (2021) says: "forms of productive inclusion must go beyond simple incorporation into the labour market; they must also ensure decent working conditions and growth opportunities" (Bastos, 2021). This vision is aligned with the principles of solidarity economy and social justice, where the focus is not only on inclusion, but also on strengthening the productive and organisational capacities of waste pickers.
The socio-productive inclusion by work is based on the assumption that labour activity is fundamental for overcoming poverty and a decisive condition for reducing inequalities.
According to Silva (2020), socio-productive inclusion projects should be directed primarily to individuals living under conditions of social vulnerability, in order to provide a list of services, particularly educational training, technical and professional training.
In this sense, coping with the social exclusion of individuals in a precarious situation, such as a large portion of the collectors of recyclable materials, should guarantee citizenship rights to these individuals, that is, it should promote, alongside socio-productive inclusion, socio-environmental inclusion, which includes access to basic services and infrastructure, which will reduce structural and opportunity inequality. (Ipea, 2013).
Similarly, Gina Rizpah Besen (2014) analyses the impact of public policies on solid waste and points out that "solid waste management policies will only be effective if they include waste pickers in a formal and productive way" (Besen, 2014). She argues that formalisation and technical support are essential steps to ensure the effective and sustainable inclusion of these populations.
Thus, already in 2011, the Brazil Without Poverty Plan (PBSM) represented the expansion of an agenda of social programmes, coordinated between federal, state and municipal governments, based on income guarantee and creation of benefits for different publics, inserting socio-productive inclusion in actions that directly and indirectly impact the generation of work and income for populations in vulnerable situations (Silva, 2011; Paiva, Falcão and Bartholo, 2013).
For the first time, the idea of socio-productive inclusion was inserted in a strategy of articulation of public policies in the country, among which the support to the collectors of recyclable material, a group quite subject to precarious living and working conditions. Here, we must emphasise that the National Policy on Solid Waste established parameters for selective collection programmes in the municipalities with the inclusion of waste pickers in the process, even with the possibility of contracting their collective enterprises (Silva, Goes and Alvarez, 2013).
But how is the implementation of this provision of the law? According to Bastos e Silva (2021), in a study on the municipality of Duque de Caxias, which we can extend to the entire country:
"According to Law 12.305/2010, waste pickers are recognised as effective partners of the municipalities - in our case, the Duque de Caxias - and can carry out their activities through the implementation of the public policy of selective collection of municipal solid waste. However, this practice does not occur, ratifying the ecologism of the poor, since the work they develop does not become more valued because of the existence of the Law, being only useful to the media appeal" (Bastos; Silva, 2021, p.14).
Conceptualised as the final stage of traditional logistics, reverse logistics is the last category presented here necessary for the composition of this research. Reverse logistics, considered an extension of traditional logistics, is composed of operations aimed at reducing the consumption of raw materials and the proper disposal of products and packaging, prioritising reuse and recycling. Diagnosing, monitoring, correcting and evaluating the operationalisation of the flow of after-sales and after-consumption goods for the purpose of returning to the productive and business cycles, adding them economic, ecological, legal and corporate image value, is reverse logistics, as stated by Leite (2006).
According to Rogers and Tibben-Lembke (1999), reverse logistics is the process of planning, implementing and controlling the flow of products from the point of consumption to the point of origin, aiming to recapture value or give an environmentally adequate destination to waste.
The PNRS, established in Brazil in 2010, defined reverse logistics as a mechanism that holds manufacturers, distributors and merchants responsible for the return of products after consumption, independently of the public service. The PNRS also provided for the inclusion of waste pickers in the process, promoting both environmental and socioeconomic sustainability. In 2022, Decree No. 10,936 regulated the PNRS, aligning it with the Sustainable Development Goals (SDGs) and creating the National Reverse Logistics Programme, with the objective of strengthening the logistics infrastructure and promoting synergies in the system. We believe that these instruments have the potential to expand socio-productive inclusion and reduce environmental impacts.
3 METHODOLOGY
To achieve the objective of the research, an exploratory method will be used, based exclusively on bibliographical and documentary research, through the analysis of articles, dissertations already published on the subject and documents available on the internet.
The following were analysed:
* the National Policy on Solid Waste (Law 12.305/2010);
* Federal Decrees 11,043/2022 and 11,413/2023;
* the 2015 Sectoral Packaging Agreement;
* public reports provided by management entities;
* academic literature on reverse logistics, environmental racism, environmental justice and socio-productive inclusion and social sustainability.
The documentary analysis followed the criteria of: (i) normative or institutional relevance, (ii) timeliness, (iii) relevance to the research theme. The data were organised by previously defined analytical categories (social sustainability, socio-productive inclusion, reverse logistics and recycling credit market), allowing to identify advances, limits and contradictions in the process of implementation of the Sector Understanding. These data will provide the theoretical and contextual basis necessary to complement the analysis and enable comparisons with the empirical findings of the research.
This research addresses especially the development of reverse logistics and its consequences in terms of administrative, economic and logistical support. The verification aims to ensure the effective implementation of the legal commitment of the polluter-pays, a fundamental principle of environmental legislation.
4 RESULTS AND DISCUSSIONS
The reverse logistics credit market in Brazil operates as a mechanism that allows companies to prove compliance with their environmental goals. The basis of this market is in the waste collected and sorted by associated collectors, cooperated collectors or even by specialised private companies. The commercialisation of recyclable materials, with the issuance of invoices, generates recycling credits that attest to the return to the production cycle of an equivalent amount of products or packaging subject to reverse logistics, as we can see in Figure 1. These credits are acquired by companies that need to comply with legal goals of environmental compensation, established mainly by the National Solid Waste Policy (PNRS / 2010).
It is important to highlight that it is the brands that sell packaged products that resort to the market of recycling credits, within the logic of reverse logistics. This practice is often presented as one of the sustainability actions in their annual environmental performance reports, including as a way to meet legal requirements.
In the context of reverse logistics, management entities play a central role. These organisations are responsible for implementing collective systems, ensuring the traceability and certification of recycled waste. It is up to them to register with the National Information System on Solid Waste Management (Sinir), to hire independent verifiers, to issue recycling credit certificates and to monitor the performance of the systems. They are also responsible for hiring cooperatives or associations of waste pickers to ensure their inclusion in formal systems.
In order to improve the normative structure, Federal Decree No. 11,413 / 2023 established three types of recycling certificates: the Reverse Logistics Recycling Credit Certificate (CCRLR), the General Packaging Structuring and Recycling Certificate (CERE) and the Future Mass Credit Certificate. These instruments began to regulate and certify the fulfilment of the targets established in the sectoral agreements, reinforcing the commitment of companies to responsible waste management.
In this sense, the Sectoral Packaging Agreement is the main legal instrument that formalises shared responsibility between manufacturers, importers, distributors and traders. According to Soler (2019), "reverse logistics is one of the fundamental pillars to ensure compliance with the National Solid Waste Policy." The author also points out that the integration between the private sector, public authorities and waste pickers' organisations is essential for the success of the system.
However, despite legal requirements and regulatory advances, the recycling rate in Brazil remains alarmingly low: only 5% of municipal solid waste is recycled, according to ABREMA (2022), even in the face of an annual generation of more than 77 million tons. This contradiction is even more evident when we observe that, although 82% of waste pickers organisations are formalised and approximately 800 of them receive direct support from management entities, recycling remains restricted to a minimum portion of the national potential (Atlas of Recycling, 2022).
This scenario reinforces the gap between regulatory advancement and practical reality. Despite the innovative tools and norms established by the PNRS, the socioeconomic inclusion of waste pickers and the eradication of landfills remain central challenges. As Dias (2020) observes, waste pickers still occupy a marginal space in the social imaginary, linked to a position of poverty and exclusion, which makes it difficult to value them in the productive process of recycling.
Companies that seek to stand out for environmental marketing can sometimes be more focused on maintaining their competitiveness than on adopting practices that actually minimise environmental impacts. The use of social and environmental responsibility strategies, when poorly implemented or aimed exclusively at marketing purposes, may end up becoming a commodity - a differential that is less and less valuable from a strategic point of view.
Even so, some initiatives point to a movement for strengthening the role of the gatherers. The trajectory of recycling in Brazil shows that it was constituted mainly from poverty and social exclusion, and not from a previously structured environmental agenda.
The federal government, in turn, announced in 2024 an investment package in excess of R$ 425 million, destined to the Pro-Catadores Programme, with the objective of supporting the socioeconomic inclusion of these workers throughout the country.
Thus, by articulating the concepts of shared responsibility, sustainability and socioproductive inclusion, it is possible to understand how waste pickers are inserted in the scenario of reverse logistics. It also highlights the role of management entities in supporting structuring projects, fundamental for the construction of a fairer, more effective and adherent to the principles of PNRS recycling model. The challenge remains to transform norms and legal instruments into practices capable of promoting not only the return of packaging to the production cycle, but also the valorisation of work and the dignity of waste pickers.
5 CONCLUSION
The analysis of the normative instruments, the practices of the management entities and the recycling credits market reveals the complexity of the challenges and potentialities for the effectiveness of the Packaging Sector Agreement in Brazil. These challenges include the fragmentation of the recycling chain, the persistent informality in a significant part of the collection and sorting activity, and the difficulty of socioeconomic integration of waste pickers. On the other hand, the potentialities are manifested in the expansion of private investments, the strengthening of public-private partnerships and the development of innovative traceability and certification mechanisms, capable of contributing to the fulfilment of the planned goals and to the valorisation of the work of the collectors throughout the national territory.
Although the National Solid Waste Policy (PNRS) is in place, Brazil still faces major challenges in waste management: in 2023, 41.5% of municipal solid waste was inadequately disposed of - with 35.5 percentage points of it ending up in dumps - while only 58.5% received some form of environmentally sound disposal. Of the total collected (93.4% of the generation), only 8.3% of the dry waste was recycled - equivalent to more than 6.7 million tons - and of this recycled total, 67.2% came from informal collection, while only 32.8% went through public services, associations or cooperatives. In contrast, among recyclable waste, aluminium cans show significant results: in 2024, recycling of them reached 97.3%, with materials returning to the shelves in about 60 days.
These figures demonstrate that, in spite of the legal framework and of occasional advances, recycling is still far below its potential, mainly in the ambit of public management and the formalisation of the work of the gatherers. It is worth noting that, despite the expressive and widely disseminated results of recycling aluminium cans, this market is sustained, to a large extent, on the exploitation of people in situations of high social vulnerability. Most of them are individual street pickers - poor, black and residents of the suburbs or homeless - who guarantee these rates, often collecting the cans soon after consumption in public spaces, such as the beaches.
Given this scenario, it appears that the effectiveness of the Sector Understanding depends not only on clear regulatory instruments and solid governance, but also on the ability to articulate different actors in the chain around common objectives. This implies the institutional strengthening of waste pickers' organisations, the guarantee of decent working conditions and the consolidation of integrated public policies that overcome the merely compensatory logic of the credit market. At the same time, it is necessary to ensure transparency and credibility to the mechanisms of proof of recycling, so that traceability is not restricted to a bureaucratic requirement, but constitutes an effective tool of socio-environmental justice.
Thus, the analysis shows that the Sector Packaging Agreement, although it represents an advance in solid waste policy in Brazil, will only reach its full potential if it can promote effective socio-productive inclusion, reduce historical inequalities and contribute to the transition towards a more just and sustainable circular economy model.
This article constitutes the initial stage of a research in development within the scope of a doctoral thesis, which will be deepened and concluded in the future. The objective is to advance the critical understanding of reverse packaging logistics in Brazil, in order to offer theoretical and practical subsidies for the improvement of public policies and for the strengthening of the performance of waste pickers organisations.
Ultimately, the results presented here reinforce that recycling in Brazil cannot be understood only as an environmental or market issue, but as a social and civilising challenge: to integrate in a fair and dignified way thousands of workers who for decades have invisibly supported the economy of recycling.
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