Non-prosecution agreements as an instrument for eradicating landfills in the State of Pernambuco

Abstract

Solid waste management is a challenge in Pernambuco, where landfills are a threat to the environment and public health. Law No. 12,305/2010 established deadlines for their elimination, but many municipalities face difficulties. To accelerate the transition to sanitary landfills, the Public Prosecutor's Office of Pernambuco, in partnership with the Court of Auditors and the Court of Justice, adopted Non-Prosecution Agreements as an innovative strategy. The research used documentary analysis and descriptive statistics, covering data from 2014 to 2023, focusing on the impact of these agreements on the elimination of landfills and the increase in the number of sanitary landfills in the state. Data were collected from official reports and related legislation. The results show that, between 2014 and 2023, Pernambuco eliminated 155 landfills and increased the number of sanitary landfills from 29 to 184, reaching 100% of adequate disposal in 2023. The Non-Criminal Prosecution Agreements, combined with the Socio-Environmental ICMS, boosted the adherence of managers to environmental guidelines. Meanwhile, the average adequate disposal in the Northeast was 28.7% in the period. It is concluded that these agreements, combined with financial instruments and institutional monitoring, represent a promising approach to improve solid waste management. The results obtained in Pernambuco suggest that this model can be replicated in other regions, contributing to sustainability and compliance with the regulatory timeframes provided for in the National Solid Waste Policy, particularly the complete elimination of landfills and the adequate disposal of urban solid waste.