A inocuidade da lei n° 11.014/2019 do estado do Maranhão (PL 045/2019)

Abstract

This paper sought to address Law No. 11.014/2019 of Maranhão State (PL 045/2019), which deals with the prohibition of straws produced in plastic material, through the view of the consumer and environmental law. First, it’s conceptualized who is a consumer and supplier - subjects of the consumption relationship -, because such conceptualization is essential to analyze if any of these subjects are affected by what’s stated in the referred rule. Equally essential, it’s demonstrated that a balanced environment is a fundamental right of the human being, given the constitutional direction towards sustainability. In addition, the problem of plastics was addressed at a global and national level, demonstrating that Brazil is one of the countries that pollute the most and recycles the least. In this unveiling, in view of the reasonableness of the right to a balanced environment, it was listed principles that aim to protect the environment and analyzed them against Law No. 11.014/2019 of the Maranhão State (PL 045/2019), analyzing whether this law is in line with constitutional principles of environment protection. In regards of consumer rights and consumer principles, the ambiguity of the referred law and bill was noted. In the third chapter, the issue of effectiveness and environmental education was addressed, conceptualizing what is understood by effectiveness, analyzing whether there are obstacles to the effectiveness of Law No. 11,014, in addition to proposing a critical environmental education, based on the proposal of Paulo Freire, as one of the ways to combat environmental crises.