Remediation of contaminated sites: a critical analysis of Brazilian legislation

ABSTRACT This study aimed to critically examine the Brazilian legislation that regulates the theme of contaminated areas. The legislation of São Paulo State was also assessed because this state was the pioneer in facing the problem. This study’s methodology involves a qualitative overview of the bibliography, using both international and national legal doctrine, as well as websites. It was concluded that a national consensus regarding the concept of soil is required; the Brazilian and São Paulo State legislations, by adopting rules and guidelines established in the developed countries, failed to disregard Brazilian reality and specificities; the participation of the community involved at all stages of the remediation process is essential; the decision-making should not be based solely on the generic quality soil standards, but also on the ecological and human health risk analyses at a specific contaminated site.

摘要 本研究旨在批判性审视巴西监管受污染场地相关议题的立法体系。鉴于圣保罗州是应对该问题的先行者，本研究同时对其相关立法开展了评估。本研究采用定性文献综述法，结合国内外法律学说与官方网站资料展开研究。研究得出如下结论：亟需形成关于土壤定义的全国统一共识；巴西联邦及圣保罗州的立法在借鉴发达国家制定的规则与指南时，并未忽视本国实际国情与自身特殊性；修复全流程中相关社区的参与至关重要；决策不应仅以通用土壤质量标准为依据，还需结合特定受污染场地的生态与人体健康风险分析结果。