Potenciais e limitações decorrentes do decreto nº 11.413, de 13 de fevereiro de 2023 em relação à logística reversa de embalagens pós-consumo no Brasil

Abstract

Reverse logistics, established by the National Solid Waste Policy – PNRS (Law No. 12,305/2010) and its regulatory Decree, represented a milestone for the management of post-consumer packaging in Brazil. However, despite its legal provision, regulatory gaps and operational bottlenecks persist, which compromise the effectiveness of reverse logistics systems in the country. In order to foster its implementation, the Federal Government enacted Decree No. 11,413/2023, regulating operational modalities through the official certifications of compensation, structuring, and future mass. Against this backdrop, this thesis critically analyzed the limitations and potentials of Decree No. 11,413/2023 in the context of reverse logistics for post-consumer packaging in Brazil, proposing actions to improve governance and increase system effectiveness. Structured into six chapters, the research presents: (i) introduction and study framework; (ii) theoretical background; (iii) categorization of limitations and potentials based on documentary review and expert interviews; (iv) survey of international best practices applicable to the Brazilian context; (v) proposal of an integrated action plan to overcome limitations and strengthen governance; and (vi) conclusions. One of the distinctive contributions of this research is its advancement of the state of the art, given the scarcity of academic literature on the subject. In addition, the action plan developed constitutes a strategic tool aimed at public and private entities, capable of supporting the formulation and implementation of public policies at different levels, as well as promoting the enhancement of legislation on recycling credit certification, thereby strengthening governance and maximizing results.