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Enquanto a Copa do Mundo acontece, saúde do povo brasileiro já perde de 7×1 com a assinatura da MP do Saneamento, nesta sexta-feira

05/07/2018 Ana Paula Rogers

Governo Federal assinou nesta sexta-feira, 6 de julho, em Brasília, Medida Provisória para revisar o Marco Legal do Saneamento. Na opinião da ABES, MP pode desestruturar totalmente o setor.

A saúde do povo brasileiro perdeu de 7 x 1 nesta sexta-feira, 6 de julho. Além da lei que flexibiliza o uso de agrotóxicos, em análise pela Comissão Especial do Senado Federal (veja abaixo), em plena euforia da Copa do Mundo, o Governo Federal assinou, em Brasília, a Medida Provisória para revisar o Marco Legal do Saneamento.

A Associação Brasileira de Engenharia Sanitária e Ambiental – ABES alerta que a proposta de revisão do Marco Legal do Saneamento do Ministério das Cidades pode desestruturar totalmente o setor no Brasil. A ABES vem colocando o tema em pauta desde novembro de 2017, quando participou de reunião com o Ministério das Cidades para discutir a revisão. A entidade já havia enviado ao então ministro das Cidades, Bruno Araújo, carta em que sugeria duas ações imediatas ao Ministério (leia aqui a íntegra da carta). E defendeu, no encontro em Brasília as propostas contidas no documento CONTRIBUIÇÕES DA ABES A MINUTA APRESENTADA PARA ALTERAÇÃO DA LEI 9.984/00 E LEI 11.445/07 (leia aqui).

As sugestões dizem respeito a dois aspectos que a ABES considera cruciais:

– o Ministério pretende utilizar medida provisória para a revisão, o que significa fazer uso de instrumento pouco democrático; a ABES propõe alterar a legislação descrita na proposta referenciada por meio do mesmo mecanismo legal, ou seja, Projeto de Lei. A possibilidade de alteração por medida provisória poderá ser considerada ato inconstitucional, enquanto o projeto de lei abre o debate no Legislativo, permitindo a maior participação da sociedade.”

– Artigo 10-A, que trata sobre o chamamento público de antes do contrato programa: a ABES sugere a retirada deste artigo que altera a Lei 11.445 de 05 de janeiro de 2007. Esse artigo aumenta ainda mais a seleção adversa ao interesse público, ou seja, induz as operadoras públicas e privadas a competir apenas por municípios superavitários, deixando os deficitários ao encargo dos municípios e estados. Dessa maneira, dificulta a prestação do serviço de forma regionalizada e, ao dificultar a prática de subsídios cruzados, agrava as diferenças na qualidade e na cobertura dos serviços, com prejuízo para a população mais carente.

“O sonho da universalização do saneamento no Brasil poderá ficar cada vez mais distante. E novamente os mais prejudicados serão os brasileiros mais pobres, que vivem sem acesso a água potável e esgoto tratado e sujeitos a contrair todo tipo de doenças”, adverte o presidente nacional da ABES, Roberval Tavares de Souza.

Além do governo querer utilizar medida provisória para a revisão, em detrimento do projeto de lei, o que significa fazer uso de instrumento pouco democrático, a mesma impactará diretamente no subsídio cruzado (que possibilita que municípios com menos recursos tenham acesso aos serviços).

“A utilização de medida provisória só cabe em dois critérios fundamentais, que são relevância e urgência. Apesar de assunto relevante, o mesmo não é caracterizado pelo fundamento da urgência, mesmo porque os atores envolvidos não tiveram prazo para elaborar o texto da medida proposta. As mudanças são relevantes e estruturais, portanto, deveriam acontecer após intenso debate com todo o setor de saneamento e com o Congresso Nacional”, frisa Roberval. “Quanto ao Artigo 10-A, os resultados serão catastróficos, pois este artigo busca benefícios locais em detrimento da política pública já considerada na Lei 11.445/07.”

Para os municípios superavitários, após o chamamento público, haverá invariavelmente interessados e, desta forma, haverá licitação pública. Como há concorrência, o resultado é a otimização do contrato programa local. Todo o superávit que seria gerado na hipótese de contrato de programa tende a ser consumido pelo processo concorrencial da licitação, e desta maneira não subsidiarão os municípios deficitários.  Com a aplicação desse processo nos municípios que atualmente são doadores, extingue-se todo o subsídios entre os municípios.

Para os municípios deficitários, por sua vez, não haverá interessados dos agentes, podendo inclusive não haver nem mesmo interesse por contrato programa. O município fica nas mãos do poder público. A fonte de financiamento, nesse caso, deverá ser fiscal.

Dos mais de 5.500 municípios brasileiros, apenas cerca de 500 apresentam condições de superávit nas operações de saneamento. Como ficarão os 5 mil municípios que dependem dos subsídios cruzados?  Vamos a um exemplo real: no final da década de 90 o governo do Estado do Amazonas e do município de Manaus, aprovaram que o saneamento de Manaus sairia do controle da empresa estadual de saneamento, o município de Manaus era o único município superavitário do Estado, e o que aconteceu com o saneamento neste Estado?

Passados 20 anos, os dados do SNIS 2015 (Sistema Nacional de Informações de Saneamento) apontam que a cobertura de abastecimento de água no Estado do Amazonas é de 76 %, sendo que Manaus tem 85 % de cobertura. Quando calculamos o resto de Estado sem Manaus o índice cai para 56%. E apenas a metade dos municípios de Estado declararam que têm abastecimento de água, o que pode fazer este número ser ainda pior. Vamos só ficar com os dados de abastecimento, pois os dados de coleta e tratamento de esgotos são próximos a zero. O saneamento no Estado do Amazonas não melhorou nos últimos 20 anos, a cidade de Manaus avançou no abastecimento de água e os demais municípios amazonenses, que já tinham indicadores ruins de saneamento na época desta mudança, hoje estão ainda piores, ou seja, os pobres ficaram miseráveis.

Segundo o SNIS 2015, o Estado do Amazonas tem 62 municípios, dos quais 31 deles informaram dados ao Ministério das Cidades. Verificamos que os 30 municípios, além de Manaus, têm péssimos indicadores de saneamento e saúde e destes, 14 municípios têm indicador de atendimento de água menor que 50%. De acordo com a FUNASA (Fundação Nacional da Saúde), temos 18 municípios do estado do Amazonas distribuindo água bruta, retirada diretamente dos rios, sem nenhum tratamento para a população. Com este exemplo podemos afirmar que a manutenção deste artigo no texto do governo vai piorar a situação do saneamento ambiental do Brasil.

Não bastando o problema apontado acima, quebra da lógica do subsídio cruzado, observamos que é direito da administração optar pela prestação direta dos serviços de saneamento básico e este artigo pode impedir que uma administração coopere com a outra, levando a ganhos sistêmicos para a sociedade.

“Esta proposta é como se o governo estivesse tirando dos pobres para dar aos ricos, um Robin Hood às avessas dos nossos tempos, digamos, em um momento que recursos para a saúde estão congelados por 20 anos. Ou seja: não investiremos em saneamento para prevenir doenças nem teremos condições de tratar os doentes. Em pleno século 21, viveremos em um Brasil do século 19”, lamenta o presidente da ABES

 ABES posiciona-se contra o Projeto de Lei que flexibiliza normas que regulam o uso de agrotóxicos

A Associação Brasileira de Engenharia Sanitária e Ambiental – ABES é contrária ao conteúdo do Projeto de Lei Federal 6299/2002 (http://www.camara.gov.br/proposicoesWeb/prop_mostrarintegra?codteor=1669849&filename=Parecer-PL629902-18-06-2018), em análise por Comissão Especial do Senado Federal. O projeto altera os artigos 3º e 9º da lei de agrotóxicos (Lei nº 7.802/1989). Tais alterações, que vão na contramão das decisões mundiais – muitas dessas substâncias são proibidas na Europa e nos Estados Unidos por estarem relacionadas ao câncer e doenças genéticas – criam uma grande possibilidade de mais liberdade de uso de agrotóxicos no país, sendo que o Brasil já é um dos maiores consumidores em nível mundial (veja posicionamento aqui http://abes-dn.org.br/?p=19097).

Ranking do Saneamento

Em junho a ABES lançou a edição 2018 do Ranking ABES da Universalização do Saneamento, estudo que demonstra que o Brasil ainda tem muito trabalho para tornar o saneamento acessível a todos os brasileiros. É um país de extremos: enquanto apenas 80 municípios do Brasil estão classificados com pontuação máxima, outros 1.613 sofrem com falta de saneamento. Veja mais aqui: http://abes-dn.org.br/?p=18603.

Copa do Saneamento

Outro estudo que demonstra como o Brasil ainda é lanterninha em se tratando de saneamento: no levantamento Copa do Mundo do Saneamento, realizado pela ABES, que compara os índices de saneamento de todos os países participantes da Copa do Mundo, o Brasil é eliminado nas oitavas de final (veja mais aqui http://abes-dn.org.br/?p=18649).

“Infelizmente é uma goleada atrás da outra. Se os brasileiros não se conscientizarem da importância do saneamento para a saúde, corremos o risco de termos milhões de pessoas convivendo com doenças do século 19, em condições degradantes. Estamos em um ano de eleições. É hora de cobrarmos dos poderes Executivo e Legislativo que coloquem o saneamento como uma política de Estado e não apenas de governo”, diz Roberval.

Sobre a ABES

Com 52 anos de atuação pelo saneamento e meio ambiente no Brasil, a Associação Brasileira de Engenharia Sanitária e Ambiental –ABES reúne em seu corpo associativo cerca de 10.000 profissionais do setor. A ABES tem como missão ser propulsora de atividades técnico-científicas, político-institucionais e de gestão que contribuam para o desenvolvimento do saneamento ambiental, visando à melhoria da saúde, do meio ambiente e da qualidade de vida das pessoas.

www.abes-dn.org.br

 

 

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