O novo marco legal do saneamento básico e competência municipal : a desconsideração do interesse local nas novas regulamentações do serviço segundo a Lei nº 14.026 de 15 de julho de 2020

Abstract

The fundamental right to access basic sanitation in Brazil is a clear problem when it comes to implementing public policies. Due to the essential nature of the service, historically, this right was linked to the State's obligation to provide it, which did not represent success in practice, as the public structure was insufficient. Several legal periods, with their respective legal frameworks, were highlighted throughout history, creating access to public resources as well as promoting good management with water supply and sewage treatment companies. Unfortunately, the diplomas were nothing more than a mere abstraction and the service providers were the subject of job advertisements and electoral campaigns. Given the flawed context, a new legal framework for basic sanitation was enacted in 2020, still with the objective of universalizing services, promising the injection of private financing into the sector, less bureaucracy and the implementation of general guidelines. In this context, it ends up intervening in the current service contracting models, creating new responsibilities and transferring to the National Water Agency - ANA, the competence to establish regulatory standards at federal level. Under these premises, it is intended to raise a question regarding such interventions in the new diploma, as it binds municipalities to adhere to federal regulations to the detriment of local interests in contracting and executing sanitation services. The new law deserves greater attention, both regarding the broad federal action and with regard to the consonance of fundamental federative principles, the subsidiarity of interest and municipal competence in legislating matters of local interest. This will be done using these points as hypotheses that delimit the present research. To advance this work, the analytical method was used, based on legal, jurisprudential, documentary and theoretical analysis of public basic sanitation services and policies in the country. There is the intention of bringing contributions so that, based on respect and effective consideration of municipal competence, good management and administration can be consolidated, with sufficient capital inflow, so that local interests are a platform for realizing the right of access to the basic sanitation for all inhabitants of the urban territory. [resumo fornecido pelo autor]