WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT AND ENVIRONMENTAL CRIMINAL PROTECTION

LEGAL CHALLENGES AND LIABILITY PERSPECTIVES

Abstract

The increasing production of electronic waste poses complex challenges to Environmental Criminal Law, requiring theoretical and legal reflections on its effective regulation. This article begins by analyzing the foundations of Environmental Criminal Law, which, as a branch of protection of diffuse legal assets, is justified by the need to protect the environment against conduct that causes ecological degradation. Based on this reference, the Brazilian regulatory framework aimed at environmental protection is examined, highlighting Law No. 9,605/1998 (Environmental Crimes Law) and Law No. 12,305/2010 (National Solid Waste Policy – ​​PNRS), which establish guidelines for the proper management of waste, including electronic waste. However, it is clear that the practical application of these standards faces significant obstacles, such as the generality of criminal types, the absence of technical criteria for measuring damages, and the low effectiveness of reverse logistics. Although the PNRS is a milestone in Brazilian environmental policy, it reveals structural difficulties for its implementation, especially with regard to holding economic agents accountable and monitoring. In view of this scenario, the article proposes legislative modernization, with the creation of more specific criminal types aimed at the mismanagement of electronic waste and the strengthening of institutional mechanisms for environmental control. It is concluded that effective environmental protection in the context of electronic waste requires more precise and effective criminal action, which combines the principles of prevention, reparation and environmental justice, ensuring compatibility between technological development and socio-environmental responsibility.