O novo modelo de regulação do saneamento básico a partir da Lei nº 14.026/2020

Abstract

The general objective of this work is to analyze the regulation of basic sanitation after the changes introduced by Law No. 14.026/20, in order to answer the following question: how is the regulatory competence of basic sanitation structured after the edition of Law n. 14,026/20? In this sense, the work begins with an exposition of the concept of basic sanitation and how the normative evolution of the sector occurred in the country, highlighting the aspects related to the ownership. Next, the regulatory restructuring proposed by the new legal framework is analyzed, presenting the scenario that preceded Law No. 14.026/20 and the main changes resulting from it, especially with regard to the competence granted to ANA to issue reference standards, which has as its main objective the standardization of the sector's regulation. Based on the theories of regulation, we seek to understand the importance of identifying the holder of regulatory power and the possible consequences of this lack of definition. Methodologically, an eminently exploratory research was conducted to investigate the theme by means of a quantitative approach based on bibliographic and documentary sources.It was concluded that the normative provisions are insufficient to subsidize the identification of who will in fact act as the holder of regulatory power in the field of basic sanitation, since it will be necessary to wait for the progressive institution of reference norms to identify whether they will have the nature of mere guidelines or whether they will be effectively endowed with coercive mechanisms.