De que lado da fronteira fica a sucata? comércio, clima e a lacuna regulatória dos resíduos industriais recicláveis

Abstract

This article analyzes the treatment of metal scrap within the multilateral trading system and its relevance to the global energy transition. By equating recyclable industrial waste with primary raw materials under general GATT rules, the trade regime ignores the fact that export restrictions on scrap force importing countries to resort to significantly more carbonintensive production processes. The study examines the asymmetries generated by recent climate policies, such as the European Union’s Carbon Border Adjustment Mechanism (CBAM), which incentivizes scrap consumption upon import but leaves States without legally viable
instruments under GATT Article XI to curb the outflow of this strategic input. Given the insufficiency of the environmental exceptions in GATT Article XX and the TBT Agreement to accommodate the dynamics of the circular economy, the paper proposes paths to addressing this regulatory gap, such as through plurilateral negotiations within the World Trade Organization (WTO). It concludes that international trade law must establish a differentiated normative treatment for recyclable waste, based on its asymmetric climate consequences and conditioned upon objective parameters of environmental benefit and non-discrimination.