A municipalização dos serviços de saneamento: uma análise jurídico-hídrica do gerenciamento em Sousa-PB, adotado pelo Departamento de Águas, Esgotos e Saneamento Ambiental - DAESA.

Abstract

Water is a public good with economic value, having a singular importance for sustaining life. Due to its peculiarities, acquires different nomenclatures, framing up at determined moments as hydric resource other times, such as ore, merchandise or sanitation services. In this sense, the Brazilian legal system specifically, the Federal Law nº 9.433 / 97, delimited the management of this resource in a participatory and descentralized manner. In this scenario, given the uniqueness of the water, this resource, after is taken out of the water body, is subjected to a series of physicochemical treatments starting to exist in law as part of basic sanitation services, governed by Federal Law nº. 11.445 / 2007, which treats about the National Sanitation Policy. The 1988 Federal Constitution, article 30, states that it is the responsibility of Municipalities legislate on matters of local interest in a supplementary way to federal and state legislation as applicable, may organize and provide, directly or under concession or permission, public services of local interest. The Supreme Court already took a position on the competence and municipal ownership of water and sewage services. In the legislative field, Law nº. 11.445 / 2007 defines the basic principles and guidelines to be followed in providing these services. The overall objective of the title is intended to describe a legal-hydric analysis of the implemented management model in the municipalization of sanitation in the municipality of Sousa, Paraíba. This study is characterized as an exploratory study, which began with a documentary research, from march 2006 to december 2014 in the city of Sousa-PB. The results demonstrate that the management model adopted by the Department of Water, Sewage and Environmental Sanitation (DAESA), Sousa-PB, is one of the factors contributing to the need for water rationing in this city. On the other hand, there is an explicit neglect of the disposal of sewage that are released directly into the Rio do Peixe, without treatment, polluting the water body. In the management field, identifies inefficient management of water and sewage services, with the consequences of obtaining insufficient results for the coverage of the supply system costs, and not allowing the necessary investments in the medium and long term impeding, therefore, self sustainability of the enterprise. In the specific case, the continuation of such practices can cause irreversible damage to water resources with the result of an effective environmental damage in the investigated area.