O Partido Socialista Brasileiro ajuizou no Supremo Tribunal Federal, nesta terça-feira (21/8), ação de inconstitucionalidade contra a Medida Provisória 844, de 6 de julho último, que, “sob a justificativa de garantir maior segurança jurídica aos investimentos no setor de saneamento básico, alterou significativamente e, de forma brusca, as atribuições no setor, com esvaziamento da autonomia e competências constitucionais dos municípios”.
A ABES é contra a MP 844 (veja aqui o posicionamento da entidade).
Na ADI 5.993 – que tem pedido de medida liminar – o PSB argumenta que ao atualizar o marco legal do saneamento básico, a MP 844 atribuiu à Agência Nacional de Águas competência para “editar normas nacionais sobre o serviço de saneamento; alterar as atribuições do cargo de especialista em recursos hídricos; e para aprimorar as condições estruturais do saneamento básico no país”.
Conforme a petição inicial, todas essas “substanciais modificações na fixação de políticas públicas e regulamentação de setor de saneamento básico, essencial para o desenvolvimento nacional, foram promovidas através de medida provisória, sem o necessário debate no Parlamento, em medida provisória que claramente não preenche o requisito da urgência exigido pela Constituição Federal, com ofensa direta ao art. 62, caput, da CF/88”.
O advogado do PSB, Rafael de Araripe Carneiro, ressalta que, com a nova MP, a ANA – que até então atuava como agência reguladora na gestão de recursos hídricos vinculada ao Ministério do Meio Ambiente – passa a ser uma entidade central em matéria de saneamento básico”.
Assim é que se estabeleceu “a ingerência direta nos instrumentos municipais de gestão, municipais”. E, portanto, “a necessidade de observância das regras de referência nacionais para regulação dos serviços como requisito para obtenção dos recursos federais, violando as competências constitucionais dos municípios e a autonomia dos entes subnacionais, em flagrante ofensa ao art. 30, I e V, da CF/88”.
O advogado acrescenta que, em consequência da ampliação do rol de atribuições da ANA, a MP previu ainda medidas de aumento dos gastos públicos no setor de saneamento básico. Tanto em forma de despesas com pessoal como de despesas orçamentárias decorrentes de transferências obrigatórias e dotações orçamentárias específicas”.
O ministro Marco Aurélio foi sorteado relator da ADI 5.993.
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