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Comissão da MP do Saneamento Básico aprova plano de trabalho

03/04/2019 Redação ABES

O Plano de Trabalho da Medida Provisória 868/2018 foi aprovado durante a segunda reunião da comissão mista, realizada nesta terça-feira, 2 de abril, no Senado. Os parlamentares pretendem realizar pelo menos duas audiências públicas sobre o tema.

Para ler o texto da Medida Provisória 868, acesse aqui

No dia 5 de fevereiro, representantes da Associação Brasileira de Engenharia Sanitária e Ambiental – ABES, Associação Brasileira das Empresas Estaduais de Saneamento – AESBE, Associação Nacional dos Serviços Municipais de Saneamento – ASSEMAE e Associação Brasileira de Agências de Regulação – ABAR – entregaram ao secretário Nacional de Saneamento Ambiental, Jônathas de Castro, um documento conjunto com propostas de alterações à MP 868 (leia aqui este documento). Além disso, a ABES apresentou ainda um documento com propostas da entidade de emendas à MP 858 (veja aqui). 

A MP altera o marco legal do saneamento básico e a Lei 9.984, de 2000, para atribuir à Agência Nacional de Águas (ANA) competência para editar normas sobre o serviço de saneamento. Também altera a Lei do Saneamento Básico (Lei 11.445, de 2007), para aprimorar as condições estruturais do saneamento básico no país, e a Lei 13.529, de 2017, para autorizar a União a participar de fundo com a finalidade exclusiva de financiar serviços técnicos especializados nessa área.

A medida propõe que a regulamentação de águas e esgotos, que hoje é atribuição dos municípios brasileiros, se torne responsabilidade do governo federal, através da agência reguladora que ficaria responsável pela fixação das tarifas cobradas. Já os contratos de saneamento passariam a ser estabelecidos por meio de licitações, facilitando a criação de parcerias público-privadas.

A Lei do Saneamento Básico, de 2007, prevê a universalização dos serviços de abastecimento de água e de tratamento de esgoto no país deve ser feita através da elaboração de um plano municipal do setor para cada cidade. Entretanto, o índice de saneamento básico continua muito aquém do necessário para atingir a universalização. Além disso, há grande desigualdade no índice de cobertura de água e esgoto entre as regiões brasileiras.

Constitucionalidade

Durante a reunião da comissão mista os deputados e senadores debateram problemas relacionados ao saneamento básico e as mudanças propostas pela MP. Alguns se mostraram contrários à medida questionando sua constitucionalidade. Assim como o senador Humberto Costa (PT-PE) o fez em Plenário, o deputado Afonso Florence (PT-BA) argumentou que essa medida é uma reedição da MP 844/2018, que perdeu a vigência, e, por isso, uma nova MP com o mesmo conteúdo não poderia ter sido editada no mesmo ano. No entanto, o deputado Evair Vieira de Melo (PP-ES), presidente da Comissão, disse não possuir competência legal para julgar a constitucionalidade da medida provisória.

O deputado Edmilson Rodrigues (Psol-PA) se declarou contrário à MP ressaltando que a constituinte deu aos municípios a competência de lidar com o esgoto e universalizar esses serviços. Também se mostrou contrário à privatização do setor, o que, segundo o parlamentar, será facilitado caso a MP seja aprovada.

— Como fica uma resolução aprovada há mais de 10 anos pela ONU [Organização das Nações Unidas] que estabeleceu que o acesso ao saneamento básico é um direito humano? — questionou.

Apesar de achar que uma MP não é o modo ideal para discutir o problema, o deputado Samuel Moreira (PSDB-SP) ressaltou que o diagnóstico do saneamento básico no Brasil é um desastre ao indicar que mais de metade da população não possui coleta de esgoto. Ele indagou como, em um país com déficits fiscais recorrentes como o Brasil, poderão ser encontrados recursos para avançar na universalização do serviço, seja na iniciativa privada, seja no setor público.

O senador Tasso Jereissati (PSDB-CE) é o relator da medida provisória.

Fonte: Senado

158 Comentários em Comissão da MP do Saneamento Básico aprova plano de trabalho

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