Saneamento básico no Brasil : a requalificação da titularidade diante do reconhecimento da prevalência do interesse comum

Abstract

The issue of sanitation has increasingly gained prominence both on the political agenda and in academic discourse in recent years. This rise in attention can be attributed to significant transformations within the sector, which have affected both its structural organization—marked by the expansion of private concessions, particularly those of a regionalized nature—and its legal and regulatory framework. A key element of these changes is the growing recognition of common interests between municipalities and states, arising from factors such as physical proximity (e.g., urban conurbation), shared river basins, or the environmental impacts of one municipality on its neighbors, as well as economic and financial considerations stemming from economies of scale. Furthermore, the 1988 Federal Constitution (FC/88) has provided a legal space for the redefinition of priorities within the sanitation sector, particularly in response to demographic dynamics and evolving social demands. In this context, the present study asserts that there is an ongoing process of requalifying the ownership of sanitation services, with an emphasis on the recognition of common interest. This movement finds its roots in the FC/88, its initiation in the Supreme Court’s decision in ADI nº 1.842, and its subsequent consolidation through the implementation of the new sectoral framework and state-level regionalization laws. The paper examines the economic characteristics of sanitation, the history of related public policies, the relevant legal and regulatory framework, and the structural features of Brazil’s federative system. It also explores pertinent constitutional provisions, sector-specific legislation, and the latest jurisprudence, beginning with the provisions of the FC/88. Particular attention is given to the role of the states as key actors in the orchestration of the new regionalization model and in facilitating the integration of common interests.