Avaliação das regulamentações legais quanto à proteção do solo no Brasil e Holanda

Abstract

Due to the growth of populations and consumption needs, industries have grown considerably in number, areas of activity, variety of products and need for exploitation of natural resources. However, the concern with the environment did not immediately accompany this socioeconomic development, resulting in several environmental impacts. With the emergence of environmental impacts countless thoughts began to develop in order to create environmental policies related to air, water and soil quality. In recent decades the Netherlands has been a forerunner in the development of environmental policies for soil and groundwater protection, being the first country to formalize a national program for contamination assessment and establishment of intervention levels, considering for the soil its multifunctionality, that is, the functions of agriculture, ecology, transportation, supply of drinking water among others. In order to protect the functions of soils and groundwater, the Environmental Company of the State of São Paulo (CETESB) proposed guiding values for soils and groundwater in 2001, based on the methodology developed in the Netherlands. In 2009, Brazil established federal regulations (CONAMA Resolution Nº 420/2009) considering the need to prevent soil contamination in order to maintain its functionality and protect surface water quality. This study aims to analyze the technical and legal aspects that justify the regulations regarding soil protection, rescue and analyze the technical aspects that justify or underpin the establishment of soil protection, analyzing separately: Concept, definition and importance of soils; Heavy metals present in soils; Brazilian Environmental Policies; Evolution of environmental policies regarding soil protection; Technical and legal aspects regarding soil protection in the Netherlands and Brazil. The present study followed the following research classification, with respect to nature, this research is considered applied. With regard to its objectives, this research is exploratory, from which the knowledge of technical and legal issues about soil protection policies involving the bibliographic survey of legal norms and technical work. With regard to technical procedures, it is a bibliographic and documentary research, elaborated from the survey and study of the legal arrangement that deals with the establishment of soil protection policies in the Netherlands and Brazil.