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规制污染场地议题的巴西立法。鉴于圣保罗州是应对该问题的先驱，本研究亦对该州的相关立法展开评估。本研究采用质性文献综述法，综合运用国内外法律学说与官方网站资料开展分析。研究得出如下结论：其一，需在全国层面就土壤的概念达成共识；其二，巴西联邦及圣保罗州的立法在借鉴发达国家确立的规则与指引的同时，并未忽视巴西的本土实际与地域特殊性；其三，受影响社区全程参与修复流程至关重要；其四，决策不应仅依赖通用土壤质量标准，还需结合特定污染场地的生态与人体健康风险分析结果。