Smuggling scrap batteries

Challenges in combating this cross-border crime in the face of existing legislation

Abstract

The article analyzes the phenomenon of illegal trade in scrap batteries, which are often smuggled in from countries bordering Brazil. Batteries, due to their harmful effect on nature and human health caused by their components, including lead and acid, have been classified as universal toxic waste. Considering Brazilian legislation, in particular Law 12.305/2010, which establishes the National Solid Waste Policy (PNRS), among other applicable rules, the purpose of this work is to discuss the effects that the illegal sale of used batteries, which are often purchased illegally from other countries bordering Brazil, can have on the environment and human beings, due to the fact that the most relevant points of reverse logistics, which covers collection, storage, socio-environmental responsibility, and especially transportation, one of the main objectives of Law 12. 305/10, when it comes to battery recycling in Brazil, are not observed by those involved in this criminal scheme. In addition to the contamination of the environment and living beings, the problem arises because it has been identified that criminals may be using shipments of scrap batteries to transport drugs, by hiding these illicit items in the middle of the shipments.