O novo marco legal do saneamento básico: historicidade, (in)constitucionalidade, impacto para a sociedade maranhense e para a Companhia de Saneamento Ambiental do Maranhão – CAEMA

Abstract

Based on the need to guarantee the right of access to basic sanitation, taking into account the brazilian reality, which is highly unequal concerning the provision of these services, the law number 14.026/2020 which establishes the new regulatory mark for basic sanitation, was approved. The measures imposed by the new law impact the sanitation sector in several ways, from the establishment of goals and deadlines aimed at universalization, to political and legal changes determined on current providers, to encourage private participation in this area. In view of this scenario, the following question remains established as a problem for this study: what are the factual consequences caused by the new legal mark for basic sanitation, especially with regard to the State of Maranhão? In response, the hypothesis is raised that the novel legislation establishes guidelines with positive and negative impacts, so that the impacts in Maranhão can be negative for the economically vulnerable population. The present study aims to analyze, beyond the context of sanitation, the provisions of the new law and your tangible impact on reality, specifically in the State of Maranhão. For that, was used bibliographic and documental research in the descriptive and exploratory procedures, with a deductive approach. From this analysis, the conclusion was reached that the universalization of sanitation is fundamental, but it must be based mainly on the diagnosis of the socioeconomic reality prevailing in each state, since there is no point in guaranteeing the increase in coverage, but providing effective access only to those who can afford it.