Desafios do saneamento ambiental: a solução cooperativa dos consórcios intermunicipais

Abstract

This study focuses on the challenges faced by public officials in the universalization of basic sanitation services, resulting primarily from a dissociated interpretation of constitutional provisions, which would confer the task of urban development exclusively to the City. To this end, there will be a brief chronology of public policies in sanitation and water supply through the analysis of current investments by some programs, stimulated by the edition of the National Sanitation Policy Law n ˚ 11.445/2007. After this, the constitutional responsibilities in sanitation are discussed, marked by the predominance of interest criterion as well as the positioning of national jurisprudence and doctrine concerning the ownership of these services. The third part of the study examines the close relationship between water supply and sanitation to the realization of fundamental rights, the terminology of sanitation coverage, limits and possibilities of performance of municipal managers as well as the current situation of access to these services going through an economic approach to sanitation. Finally, there will be a case study about municipal consortia in environmental sanitation in the 90s in some Cities (Law of the State of Rio de Janeiro n ˚ 133 / 2009), even before the existence of a regulatory framework for the performance through consortia, which only reached the national legal system through Law 11.107/2005, showing how adopting a cooperative attitude among members of the Federation, despite conflicts over ownership, is capable of reducing installation costs and expanding access to these services.