Alterações promovidas pela Lei Federal 14.026/2020 sob o ponto de vista da regionalização, regulação e privatização: análise de conteúdo à luz de marcos regulatórios de saneamento básico latino-americanos e europeus

Abstract

Access to drinking water and sanitation, recognized as a human right by the UN, is essential to quality of life. Many countries, such as Brazil, are still seeking universal sanitation. In 2020, the Federal Law 14.026 was enacted, updating the regulatory framework for the Brazil’s sanitation sector. Among the main proposed changes, measures that enable the operation of private providers stand out, as a justification for attracting investments for the development of the sector. Thus, this research aims to analyze the guidelines of Federal Law 14.026/2020 in relation to Law 11.445/2007, seeking to understand their implications for the regionalization, regulation, and privatization of sanitation services, in light of international experiences. To carry out this study, the method used was qualitative research, specifically, content analysis applied to official documents. Among the findings, the emphasis on the regionalization proposal stands out, as it significantly transforms the sector's landscape and poses major challenges for municipalities in meeting the new requirements. The establishment of ANA as the central regulatory body gains prominence, assigning it significant responsibility. However, the coordination with other regulatory entities remains unclear, due to the undefined distribution of powers and the uncertainty regarding how this will be implemented in practice. It is also important to highlight the set of changes that promote the operation of private concessionaires, often at the expense of alternative management models. It is evident that, at various points, the new provisions are imposed on municipalities as a condition for accessing federal public funds, raising concerns about the law's practical applicability. Moreover, despite the scope and complexity of the reforms, no transitional framework is provided to support the implementation of the new model. The analysis suggests that Federal Law 14.026/2020 frames privatization as a key solution to the challenges within Brazil's sanitation sector. Drawing on international legislation, it becomes evident that the unique trajectories of each country have significantly shaped their respective legal frameworks. The outcomes observed over time are specific to each context; however, it is evident that countries with a strong private sector presence – such as Chile, France, and England – continue to face significant challenges that have not been resolved through legislation, particularly in serving the most vulnerable populations. Furthermore, structural changes require time for full implementation and even longer for their impacts to be properly assessed.