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ABES Conecta: especialistas falam sobre regulação contratual e discricionária e como avançar no saneamento

17/08/2023 Redação ABES

Em auxílio dos profissionais que desempenham funções na área regulatória do saneamento e demais interessados, a Câmara Temática Regulação e Tarifa da ABES reuniu, nesta quinta (17), palestrantes que mostraram panoramas técnicos e experiências práticas sobre o tema.

Para alcançar a universalização, mais do que fazer investimentos e atender ao prazo estipulado no novo Marco Regulatório, é necessária a união de todos os players do saneamento ambiental para o equilíbrio das ações em prol das metas a serem atingidas e, neste ponto, os encontros voltados para a troca de ideias e compartilhamento de experiências são uma das ferramentas que mais ajudam os profissionais do setor. Com este objetivo, a Câmara Temática de Regulação e Tarifas da ABES promoveu, no ABES Conecta, nesta quinta-feira, 17 de agosto, o webinar “Regulação Contratual x Regulação Discricionária: como avançar no Saneamento”, com transmissão online pelo canal da entidade no YouTube.

Diante da expectativa de mudança do contexto regulatório atual, no qual o modelo majoritário é o de regulação discricionária para ir em direção ao modelo de regulação contratual, esperando que as regras de concessão estarão pré-definidas nesses contratos, inclusive a questão das tarifas, o webinar trouxe os especialistas Felipe Tavares, superintendente de Estudos Hídricos e Socioeconômicos da Agência Nacional de Águas e Saneamento Básico (ANA); Frederico Turolla, presidente do PSP Hub; e Marcel Costa Sanches, superintendente de Assuntos Regulatórios da Companhia de Saneamento Básico do Estado de São Paulo (Sabesp), para apresentarem um panorama técnico, suas visões em tornos dos modelos de contratos, e dirimir dúvida dos participantes. Apresentado por Marisa de Oliveira Guimarães, coordenadora da Câmara Temática Regulação e Tarifa da ABES; o encontrou contou com Luiz Antonio de Oliveira Junior, especialista em Regulação na Agência Reguladora de Saneamento e Energia do Estado de São Paulo – Arsesp, e secretário executivo da Câmara Temática de Regulação e Tarifas da ABES, como moderador.

“Estamos promovendo esse webinar para propiciar um momento de reflexão sobre a possível transição de modelos de regulação da discricionária para o contratual, discutindo as possíveis vantagens e desvantagens, e ações necessárias para que o ambiente regulatório seja favorável para atração de investimentos e que garantam a universalização do saneamento”, destacou Marisa passando a palavra para Luiz Antonio. Ele ressaltou que a discussão em torno da transição tem como ponto central a definição do modelo regulatório, portanto as visões trazidas podem ajudar a aproveitar o que de fato os dois modelos têm e que podem trazer em termos de contribuições para o setor de saneamento atingir a universalização.

Para iniciar as apresentações, Felipe Tavares, da ANA, ressaltou a importância de investir na discussão regulatória porque é muito pouco pertinente e ajuda minimamente a universalizar e fazer o que realmente importa, que é levar serviço com qualidade, a preço justo para a população. O especialista apresentou informações sobre o que é regulação e o seu papel no âmbito do saneamento, por exemplo, entre outras informações. “Temos que considerar a importância de tomar cuidado com as metodologias, com a nossa segurança regulatória, estabilidade regulatória, conseguir blindar interesses políticos e interesses individuais de toda a agenda da regulação porque é um modelo mais aberto, mais flexível e que pode gerar um impacto não desejado para toda a sociedade”, salientou.

Por isso, Tavares avalia que é preciso maturidade regulatória e seguranças jurídica e institucional em relação aos modelos apresentados para aplicar o que for mais adequado para o setor. “Todos os mecanismos estão interligados e temos que separar algumas questões, por isso, podemos trazer para a discussão o nível de previsibilidade entre os modelos”, destacou.

Na sequência, Frederico Turolla, do PSP Hub, mostrou o modelo de regulação econômico-financeira para o saneamento. “No Brasil, a discussão não se refere a qual modelo para o país, mas a qual modelo para cada região e área”, observou, elencando pontos alusivos ao que é regulação discricionária e o que é regulação contratual, suas especificidades, e explicou a escolha entre regras e flexibilidade nos ambientes regulados, os riscos, custos envolvidos na mudança  de contratos, além de propostas em relação ao tema. “Diante desses aspectos, não há no Brasil ou no mundo emergente, ambiente institucional que não tenha nível de riscos importantes, significativos, então se atentar a eles vale para todos os modelos, assim como para os híbridos”, sinalizou o especialista, entre outras considerações.

A última apresentação foi proferida por Marcel Sanches, da Sabesp, que trouxe a sua experiência por atuar em uma operadora que está vivendo essa transição de modelos na prática. Para ele, a falta de conhecimento é o principal ponto de entrave sobre os modelos disponíveis. “A pluralidade das visões tem que chegar num ponto de equilíbrio. As tarifas têm que assegurar o equilíbrio econômico-financeiro dos contratos, essa é uma premissa intransponível, mas tem que olhar também para a modicidade tarifária”, frisou.

Outro ponto importante que advém da política, segundo Sanches, e que os titulares dos serviços e os reguladores têm que implementar, trata-se da capacidade de pagamento desses usuários. “Precisamos ter serviços acessíveis. E é claro que uma prestação de serviços mais eficiente, mais eficaz, deve permitir o compartilhamento desses ganhos de produtividade com os usuários. É a discussão que faz mais sentido, na minha visão, pois os modelos não são conflitantes, mas tem aplicações em função da peculiaridade de cada local e condição que está sendo analisada”, observou. O executivo aproveitou as explanações anteriores para ressaltar pontos que julga imprescindíveis de acordo com o modelo que a Sabesp implanta, já há 12 anos, sob o acompanhamento da Arsesp.

Luiz Antonio concordou que não existe o melhor modelo, mas o mais adequado para cada característica e setor. Ele destacou a forma didática com os quais os palestrantes apresentaram suas considerações e abriu o espaço para perguntas e compartilhamento de ideias.

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