Remediation of contaminated sites: a critical analysis of Brazilian legislation

ABSTRACT This study aimed to critically examine the Brazilian legislation that regulates the theme of contaminated areas. The legislation of São Paulo State was also assessed because this state was the pioneer in facing the problem. This study’s methodology involves a qualitative overview of the bibliography, using both international and national legal doctrine, as well as websites. It was concluded that a national consensus regarding the concept of soil is required; the Brazilian and São Paulo State legislations, by adopting rules and guidelines established in the developed countries, failed to disregard Brazilian reality and specificities; the participation of the community involved at all stages of the remediation process is essential; the decision-making should not be based solely on the generic quality soil standards, but also on the ecological and human health risk analyses at a specific contaminated site.