Prestação regionalizada e governança interfederativa: desafios à universalização do saneamento básico

• Autor(a) principal: Issa, Francine Ohana Dias Neder
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da FJP
• Texto Completo: http://repositorio.fjp.mg.gov.br/handle/123456789/3992
• topic: CIENCIAS SOCIAIS APLICADAS::ADMINISTRACAO::ADMINISTRACAO PUBLICA; Saneamento básico; Brasil; Brasil. [Lei n. 14.026, de 15 de julho de 2020]; Novo Marco de Saneamento Básico (NMSB)

The present work aims to analyze the regionalized provision and interfederal governance, both pillars brought by the New Legal Framework for Basic Sanitation (NMSB), Law No. 14.026/2020, which has as its main objective the universalization of access to basic sanitation by the year 2033. In this context, the main objective of this work is to verify if the structural elements of interfederal governance have been observed when it comes to regionalized provision of basic sanitation services coordinated by each state. To do so, it is first presented the panorama of basic sanitation services provision in Brazil, considering the institutional changes brought by the NMSB, as well as the related issues regarding ownership and competence in the provision of this services, according to the Federal Constitution. Next, the theme of regionalized provision of water supply and sanitation services is addressed, considering the modalities indicated by the NMSB. In this same chapter, it is presented the scenario of structuring regionalized provision in the country since the publication of the NMSB. Further on, the normative structural elements of interfederal governance are presented considering the provisions of the Statute of the Metropolis and the jurisprudence of the Supreme Federal Court. In addition, the auctions of basic sanitation public services in the states of Rio de Janeiro and Alagoas are presented with the intention to demonstrated the relevance of a well-structured Governance in. After analyzing the laws/decrees of eight states that have already structured their respective interfederal governances, it is concluded that there are relevant deficiencies in the structures created, especially regarding the absence of financial autonomy and the participation of civil society in the structures of interfederal governance. At the end, it is concluded that the implementation of regionalized provision and, consequ ently, universalization, depends on the structuring of a solid and stable interfederal governance which allows the organization, planning and execution of regionalized services provision.