One of the greatest challenges facing our country, when we consider quality of life and basic fundamental rights, is the implementation of basic sanitation. The new basic sanitation framework has therefore come to address these needs.
When we look for a concept for basic sanitation, we observe that it is a set of hygienic measures applied with the aim of improving the health conditions of a region. Examples include water supply, sewage systems, pollution control, among others.
How does the legislation define basic sanitation?
The legal concept can be derived from Law No. 14.026/2020! This legislation is known as the New Basic Sanitation Framework, recently enacted with the aim of universalizing basic sanitation in the country.
The legislation defines basic sanitation as "the set of public services, infrastructure and operational facilities for the supply of drinking water, sewage disposal, urban cleaning and solid waste management, and drainage and management of urban rainwater".
In Brazil, in order to evaluate the evolution of water supply and sanitation services, as well as urban solid waste management and urban stormwater drainage and management, the National Sanitation Information System report was created!
This report, prepared by SNIS, guides the activities, planning, and management of the basic sanitation sector in our country.
One piece of advice I always give to professionals in the sector is that, in addition to legislation, it is necessary to pay attention to multidisciplinary knowledge in order to understand the challenges and perspectives of implementing basic sanitation.
What constitutes basic sanitation?
To discuss basic sanitation in Brazil, it is necessary to understand that the sanitation activity is composed of four pillars that must be structured together.
The pillars of basic sanitation are:
- Drinking water supply;
- Sewage system;
- Urban cleaning and solid waste management;
- Urban stormwater drainage and management.
As mentioned, the systematization of research and studies on the sector is carried out by the National Sanitation Information System (SNIS). This body consolidates institutional and administrative information, as well as the quality of basic sanitation services provided in our country.
Knowing this data is fundamental for legal professionals! Whether as a lawyer, advocating for public policies in the Judiciary; as a judge, understanding the reality in which the citizen is immersed; or even for those who wish to deepen their studies in the regulatory area.
The data on basic sanitation in Brazil, as presented in the SNIS report, helps us to monitor and evaluate service delivery, define policies, projects and actions to improve management, and guide regulatory activities.
The challenges of the Basic Sanitation Regulatory Sector
When discussing the Regulatory Sector for Basic Sanitation, it's necessary to understand three important premises!
Regulatory Legal Certainty
Given that our country is growing more each day, regulatory legal security is also necessary to attract foreign investment.
What does this mean? Clear rules on how basic sanitation should be, its principles and objectives, among other relevant topics so that those who invest in our country understand our reality, challenges, and business prospects.
As a challenge, we can cite, for example, the large number of regulatory agencies for the Basic Sanitation Sector.
This is a sensitive issue because, due to the number of regulatory agencies, the rules become fragmented/segmented, making the work of those involved in the sector on a daily basis more difficult.
It is not uncommon for professionals to ask: "Which standard should be applied?"
For this reason, Article 25-A was included in the Basic Sanitation Framework, an article that addresses "reference standards," those issued by national bodies, in order to standardize the discussion on relevant basic sanitation issues.
In general terms, the provision states that ANA (National Water Agency) “will establish reference standards for the regulation of the provision of basic sanitation public services by their holders and their regulatory and supervisory entities (…)”.
Therefore, there will be general rules guiding regulations in order to provide a competitive environment for businesses, guaranteeing greater legal certainty for citizens and investors.
Stay competitive
Beyond legal certainty, it is necessary for the basic sanitation sector to have the opportunity to develop competitively.
Currently, there are numerous state-owned companies (also known as state sanitation companies) that operate as a kind of "state monopoly" in the sector.
According to regulations, the new regulatory framework for basic sanitation aims to change this reality, with rules that encourage competitiveness.
This is the case, for example, with article two of the basic sanitation framework, which lists the competitive selection of sanitation service providers among its fundamental principles.
This competitive selection, under the terms of current legislation, may occur through the signing of a concession contract, following a prior bidding process (Article 10 of Law No. 14.026 of 2020).
Thus, the environment will tend to become more competitive, with reduced costs, attracting new businesses and aiming for full national development.
Regionalization
Another essential pillar for those working within the framework of basic sanitation is regionalization, since it allows for the faster universalization of basic sanitation services.
Indeed, the principle of universal access is one of the cornerstones of the new sanitation framework. This is because this principle emphasizes that state sectors must join forces to ensure that every citizen has access to basic sanitation.
Considering the continental size of our country, this is undoubtedly a proposal with a significant impact as foreseen in the legislation.
Furthermore, it should be noted that this is a fundamental principle of the new regulatory framework. Consequently, action must be taken to ensure the regionalized provision of services, "with a view to generating economies of scale and guaranteeing the universalization and technical and economic-financial viability of services" (Article 2, XIV, of the New Sanitation Framework).
With this provision, it is already possible to understand the legislator's logic in defining rules aimed at universalizing services, guaranteeing everyone the basic rights foreseen in the Constitutional Charter.
Challenges and perspectives for professionals in the basic sanitation sector.
You've probably noticed that the legal rules for some sectors are quite specific, right?
This is precisely the case with the new basic sanitation framework! A topic that is currently gaining a lot of prominence, both in academic circles and in the daily work of legal professionals.
Understanding these rules, knowing when they apply, and having the sensitivity to understand the basic sanitation sector are criteria that can set you apart from other professionals, because, as we have seen, the challenges are great!
In addition to good books on the basic sanitation sector, there are specialization courses available in the legal education market that can help you discover more about this market each day, allowing you to become an authority on the subject.
Therefore, to help you on this journey, I recommend that you do weekly reading on the topic of basic sanitation regulation and participate in lectures and events that discuss this subject.
Attending industry events in the sector we want to research can help us find new job opportunities, meet professionals in the market, and understand the logic behind the regulatory system.
That being said, thank you for joining me this far! I hope this text encourages you to conduct further research in the field of basic sanitation! Read, attend classes, participate in events, and specialize!
If you desire recognition and notoriety in a field, your homework is to strive to achieve your goals through hard study.
See you in the next post, here on the IDP Online Blog! Hugs to you!
References
The term "sanitation" in the Michaelis dictionary.
https://michaelis.uol.com.br/moderno-portugues/busca/portugues-brasileiro/saneamento
2021 Report of the National Sanitation Information System
http://www.snis.gov.br/diagnosticos
Basic Sanitation Framework (Law 14.026)
http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2020/lei/l14026.htm
