Saneamento básico: prestação por meio de parceria público-privada, e outras formas legais de concessão para alcançar a universalização do acesso

Abstract

This work was born of the interest in the law of public-private partnership, Law No. 11.079 / 04, within the public administration scope, since it enables the government to hire a private partner to run or providing a public service, differentiating the first situation as a sponsored concession PPP, and the second as an administrative concession. The latter type of contract is conducive to the provision of basic sanitation public service whose supply to the population has been quite deficient. Furthermore, it was seen during the study screen than other forms of concession had already been adopted, such as the traditional granting of public service and public works governed by Law No. 8.987 / 95. Thus, with the enactment of Law No. 11.445 / 07, the sanitation law, the scenario was formed to facilitate the achievement of universal access to public service in sanitation. In this study we sought to contextualize the evolution of basic sanitation in Brazil, trying to emphasize the indispensability of their full access to the population as a means of achieving social welfare, happened with the privatization of some public services. Then it was revealed how some countries tackled the issue of the provision of sanitation be shared between the public and the private, followed this chapter by the explanation of concessions institutes in the framework set up by the sanitation law providing for joint management. It was also seen that the existing concessions in Brazil today are in small numbers and act in a small number of municipalities, but with the control exercised by the competent authorities, both the Institute of traditional concessions and public-private partnerships tend to be established with public administration for the purpose intended by the sanitation law.