COMMERCIALIZATION OF SANITATION: AN ANALYSIS OF LAW 14.026 AND ITS APPLICABILITY IN THE STATE OF PARAÍBA – BRAZIL

Abstract

The universalization of sanitation is an essential factor to guarantee people's quality of life. However, in Brazil, access to these services is limited by several factors. Law #14,026/20, enacted on July 15, 2020, became known as the New Legal Framework for Sanitation, and despite regulation being an important step to boost universalization, the new law stimulates commodification thinking by proposing privatization of services by creating blocks, so that neighboring municipalities participate in the same bidding and will have the services provided by the same company, which is the way found for private companies to envision profit in the development of sanitation services, since many municipalities, do not generate profit on invested capital. This is the case for more than 98% of the municipalities in the state of Paraíba. Thus, this work discusses the New Legal Framework for Sanitation on the logic that only democratic management with the contribution of public resources is capable of promoting the universalization of services. The work also presents an overview of sanitation in Paraíba and discusses the issue of Complementary Law #168/19. The conclusions show that the application of a reproductive model of inequality and socio-environmental injustice occurs in Brazil. Therefore, it is necessary to understand that in essential services that guarantee human dignity, the presence of a Democratic State of Law is essential to ensure that the entire population is served.