Novo marco legal do saneamento básico (Lei nº 14.026/2020): universalização dos serviços, impactos ambientais e reflexos no Estado da Paraíba

Abstract

The research in question analyzes the impacts revealed by the new basic sanitation legislation, the new legal framework (Federal Law No. 14.026/2020), which amended Federal Law No. 11.445/2007 (national guidelines for basic sanitation), looking at its relationship with the environment and all the reflexes arising from it, immersed in a critical view of the modeling recently presented by the aforementioned legislation, which expands and prioritizes the regionalized dimension of the sanitation system in contrast to the municipalist model. The general objective of the research is to analyze the consequences of the advent of the New Legal Framework for Sanitation (Federal Law No. 14.026/2020), its ideas, its goals, its effects on the provision of essential water and sewage services to society and the environment. The specific objectives are: (i) to study the new law in depth, seeking to highlight the changes in the states of the Federation that are relevant to the wishes of the new framework, more precisely in the state of Paraíba, its policy of regionalization and ownership of the system; (ii) to learn about the state's internal changes, for example, with proof of the state company's financial capacity; openness to private investment; future prospects for achieving universalization targets, tariff modicity, maintenance of the cross-subsidy policy, advances in the company's loss policies, change in the contracting profile; (iii) regularization of concession contracts, the contracting process, via bidding, adherence or not to regionalized provision, as well as the possibility of direct provision by a micro-regional entity; (iv) study of the new regulatory model in Paraíba. The hypothetical-deductive method is used, with a qualitative approach, through a broad analysis of the effects of the new legal framework for sanitation, as well as the social, environmental and economic effects of the new law. In addition, the study explores the entire framework of sanitation legislation and the emergence of state companies, allowing us to investigate the performance of service providers in other states of the federation; the use of sanitation data collection in the states, as a way of better ascertaining compliance with the new legislation, with emphasis on the state of Paraíba. Bibliographical and documentary research was also used to ratify the importance of the research. The unprecedented legal solution provided by the state of Paraíba was addressed, aiming to maintain the direct provision of basic sanitation services by one of the entities that make up the sanitation micro-region, without the need to go through a bidding process. At the end of the dissertation, an approach was made to the ideals of universalization in Paraíba, the re-reading of the Paraíba sanitation system and its new regionalized guise, modifying the profile of ownership, focusing finally on the modeling of regulation and its adjustments to the requirements of the new law. All of this is centered on the goals of universalization of services, which have a deadline of 31/12/2033 to achieve this goal for the whole of Brazilian society and that of Paraíba, with attention to preserving a balanced environment, guaranteeing services (water and sewage) for future generations, with affordable tariffs, respect for the principle of cross-subsidization, in a challenging scenario, but with positive prospects on the national and Paraíba stage. [resumo fornecido pelo autor]