O novo marco legal do saneamento básico (Lei Federal n°14.026/2020) à luz do direito humano e fundamental à água

Abstract

Despite the availability of water in the Brazilian territory, the country has a historical deficit in basic sanitation, where approximately 35 million Brazilians have no access to drinking water and 100 million do not have access to sewage collection and treatment. In this context, in 2020 Brazil enacted the new legal framework for basic sanitation through Law 14.026/2020. So, the question is, will the new framework be able to solve the basic sanitation deficit in the country? Therefore, the general objective of this article is to analyze the proposals of the new legal framework for basic sanitation, regarding the fundamental human right to water, and, if the privatizations, fostered by the framework, could harm such rights. The method used in this article was the exploratory bibliographical research, through the doctrinal and legislation analysis, as well as the sanitation sector statistics. It is concluded that, the goals proposed by the new framework, shall depend on the commitment and investments from the private sector, in order to remedy the deficit, especially in the neediest locations. And if they are achieved, they will function as public policies for social inclusion, ensuring the fundamental human right to water.