Resíduos sólidos dos serviços da saúde e responsabilidade civil.

Abstract

With the growth of the capitalism, the consumerism increased significantly, as well as the garbage production. The garbage produced for thousand of consumers throughout the years, had been accumulating and causing ambient upheavals the population. With the promulgation of the Federal Constitution of 1988, the legislator worried about the ambient question dedicated capitulates specific to the subject. The federal law Law n 0 6,938/81 institutes the National Politics of the Environment, consecrated the objective civil liability for that to cause damages to the half environment. This same law instituted the National System of the Environment - SISNAMA and the National Advice of the Environment - CONAMA, agency created to give to aiming and lines of direction regarding the ambient questions. For the aiming of the solid residues of the health area, the CONAMA edited Resolutions n 0 306/04 and the 358/05, more good to direct the problem, in view of that a federal law still does not exist that deals with the national politics of the solid residues, being in transaction in the National Congress the Project of Law 203/91 that it treats on the solid residues. Ahead of the displayed one, becomes the civil liability the causers of ambient damages decurrent of the pollution for residues of the health area? The used methods of research are the legal-exegetic one, in the will of the legislator, the interpretation and the one. It enters the beings of the Federacy, the City will count the ability to legislate on the substance of the solid residues, making responsible civilly those that to cause the ambient damage.