A (in)observância das premissas estabelecidas pelo Novo Marco Regulatório do Saneamento Básico para a criação das unidades regionais e microrregiões de saneamento: análise da Lei Estadual nº 17.383/2021 de São Paulo

Abstract

[Purpose]  To analyze the subnational legislation regarding regionalization of sanitation, to identify whether the premises established in the New Regulatory Framework for Basic Sanitation were observed (MRSN).

[Methodology/approach/design] The Federal Law no. 14,026/2020 amended Federal Law no. 11,445/2007 with paradigm shifts regarding contract relationship in the segment. The sector, which has always been centered around the public-public partnership agreement, provided for in article 13 of Law no. 11,107/2005, started to privilege public-private partnership contracts for the execution of services. To adapt the business environment to the new regulatory model, some institutes were planned, for example, the regionalization, whose objective is to create regional units and micro-regions of basic sanitation, to assemble municipalities – the service holders – in blocks. Regionalization, which in the form of regional units and micro-regions is the responsibility of State Entities for their definitions, was elevated to the fundamental principle of sanitation. The main purposes are the achievement of universalization, technical and economic-financial feasibility and gains of scale. To achieve these purposes, it is crucial that State Entities, when formatting these units, pay attention to technical issues – for example, the configuration of regional hydrographical basins – as well as to the economic-financial sustainability of all combinations of municipalities.

[Findings] It is argued that, in the exercise of these powers, the States neglected such factors, as in the State Law nº 17.383/2021 of the State of São Paulo. Failure to comply with technical and economic-financial issues can lead to unconstitutionality, especially due to an offense against the principles of cooperative federalism and equality between Municipal Entities, the holders of basic sanitation services.