Legal Aspects of Urban Water and Sanitation Regulatory Services: An Analysis of How the Spanish Experience Positively Would Contribute to the Brazilian New Regulation

Asensio Navarro Ortega,Rafael Burlani Neves

doi:10.3390/w13081023

Asensio Navarro Ortega, Rafael Burlani Neves

Open Access

https://doi.org/10.3390/w13081023

Copy DOI

Journal: Water	Publication Date: Apr 8, 2021
Citations: 3	License type: CC BY 4.0

Affiliation: University of Granada, Universidade do Vale do Itajaí

Abstract

This paper focuses on the legal and institutional framework of urban water services in Spain, emphasizing water sanitation by using proposals that would positively contribute to wastewater management in Brazil. The recent Brazilian Federal Law No. 14,026/20 aims to encourage investment in water sanitation, promoting public-private collaboration formulas so that service management is viable even in economically less-favored regions. In Spain, sanitation policies are aimed at fulfilling the set of obligations and objectives imposed by European Union Directives within the environmental policies of the Union. From an economic point of view, supply and sanitation water services are classified at European legal framework as “services of general economic interest” (SGEI), not subject to harmonized regulation and open to a natural monopoly provision regime, which they admit various types of management formulas, public and private, based on the ownership and public intervention of the service, both at national and European level. We believe that the Spanish experience in this field, beyond its singularities, can serve as a useful reference for Brazilian’s urban wastewater new regulation for several reasons: (1) Because of the decentralized political scheme that both countries share and the need to articulate an adequate system of competencies in consequence; (2) Because of the international experience that Spanish companies have at the sector’s technological forefront, they are very competitive; (3) Due to the adequate functioning of the Spanish legal and organizational framework since, despite its shortcomings, as we later will comment, it has managed to develop successful financing formulas and management models that, in general terms, have allowed to ensure with reasonable efficiency, continuity, stability and sustainability in the provision of urban water services.

Highlights

This paper’s purpose is to prospect structural perspectives of management and legal definition that contribute to universalization service, continuity and moderation of wastewater treatment in Brazil
We deepen in what aspects Brazil would implement to improve its water quality policies in short term and provide the most efficient service to ensure its objectives beyond political interests and economic factors that underlie the wastewater treatment model’s decision
Water policies become involved in a continental country as Brazil is in terms of territory

Summary

Introduction

This paper’s purpose is to prospect structural perspectives of management and legal definition that contribute to universalization service, continuity and moderation (fair price) of wastewater treatment in Brazil. We deepen in what aspects Brazil would implement to improve its water quality policies in short term and provide the most efficient service to ensure its objectives beyond political interests and economic factors that underlie the wastewater treatment model’s decision. The United Nations (UN) estimates that 1 billion people lack sufficient water access, and 2.6 billion lack basic sanitation. It triggers an alert by pointing out that by the year 2025, a third of the world’s population will not have access to drinking water to satisfy their basic needs.

Methods

Results

Discussion

Conclusion