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Posicionamento ABES: Brasileiros pobres serão miseráveis e doentes com o projeto do governo de revisão do marco legal do saneamento

27/02/2018 Ana Paula Rogers

O sonho da universalização do saneamento no Brasil poderá ficar cada vez mais distante. Isso porque a proposta de revisão do Marco Legal do Saneamento do Governo Federal, que pode ser editada por meio de medida provisória, pode desestruturar totalmente o setor no país. 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.

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, devem acontecer após intenso debate com todo o setor de saneamento e com o Congresso Nacional.

O Artigo 10-A, proposto no texto do governo, que trata sobre o chamamento público antes do contrato programa, altera a Lei 11.445 de 05 de janeiro de 2007. Esse artigo aumenta ainda mais a seleção contrária ao interesse público: ao abrir consulta pública, induz as operadoras públicas e privadas a competir apenas pelos municípios superavitários, deixando os municípios mais pobres ao próprio encargo e dos estados. Dessa maneira, dificulta a prestação do serviço de forma regionalizada e, ao inviabilizar a prática de subsídios cruzados, agrava as diferenças na qualidade e na cobertura dos serviços, com prejuízo para a população mais carente.

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.

O momento é crucial. E necessário urgentemente viabilizar o debate amplo em nossa sociedade, para que este não fique concentrado apenas nos temas aqui destacados, mas impactando na discussão dos demais itens das alterações propostas pelo governo.

Como uma entidade trabalhando há 51 anos pelo saneamento ambiental, a Associação Brasileira de Engenharia Sanitária e Ambiental – ABES, juntamente com outras entidades do setor, tem atuado junto ao governo federal, estados e poder legislativo para ressaltar quão danosa é esta medida. O setor de saneamento e a população brasileira devem insistir em propostas e ações que melhorem os serviços no Brasil, sempre defendendo o debate plural e a participação ampla da sociedade. É hora de defender o saneamento, a saúde e a qualidade de vida de todos os brasileiros e brasileiras.

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