Direito humano de acesso à água e ao saneamento: discussão do novo marco regulatório

Abstract

Considering the strategic nature of expanding access to water for the socioeconomic development of States, for the maintenance of life and ecosystems and for the supply of basic human needs, the emphasis that this discussion should have on political agendas becomes evident. The new regulatory framework for basic sanitation in Brazil raises the issue of increasing the participation of the private sector in an essential sector that, as a rule, should place universal access to water as a fundamental and priority human right. In this context, it is important to develop a critical analysis on the expansion of the possibility of concession and privatization of water and sewage services, the importance of Hydrographic Basin Committees and Water Agencies for the implementation of participatory and democratic management and due social control regarding to the management of water resources. Based on the analysis of the presentation, discussion, approval and publication of federal law 14.026/2020, which provides for the new regulatory framework for basic sanitation, the objective of this research is to compare the new law with the previous one, seeking to identify the main points and challenges universal access to water and management of water resources. This research has a descriptive character and follows a qualitative approach, based on a bibliographic and documental research on the deliberations carried out in the context of the regulation of basic sanitation. Observations on the changes and implications of the new regulatory framework for basic sanitation intend to demonstrate what obstacles will be overcome so that the new law makes universal access to water possible and what are the risks of commodifying a fundamental right.