Aspectos legais do contrato de concessão dos serviços de Saneamento básico em Manaus/Am: estudo descritivo e crítico

Abstract

This dissertation is part of the Research Line on Water Law and aims to study the legal instruments and implementation of public policies for basic sanitation, as well as the reasons why these have failed to achieve the universalization of environmental sanitation in the municipality of Manaus. The first specific objective of the study involved analyzing the legal nature of the public service of basic sanitation, addressing its concept, the historical evolution of legislation applied to the sector, and the current regulatory framework at federal, state, and municipal levels. It also examined the relationship between the provision of basic sanitation services and the preservation and sustainability of water resources, analyzing how these services impact environmental management and the responsible use of natural resources. The second objective sought to understand the competencies involved in providing sanitation services and to examine the different modalities of service provision, such as program contracts, concessions, direct provision, and consortia. The third objective focused on the description of the concession of basic sanitation services in the municipality of Manaus, with particular attention to the contract established between the municipality and the concessionaire, its main clauses, the goals set in the contract, and the fulfillment of these goals. Finally, the fourth objective aimed to analyze the problems surrounding the sanitation concession in Manaus, based on CPI reports and the study of judicial actions reflecting the sector's litigation. The dissertation is based on the hypothesis that failures in the concession's design, combined with public authorities inaction, were decisive for the deficit in the provision of basic sanitation services in Manaus, leading to poor service for users over the decades. The analysis focuses on water and sewage treatment services, given that both were jointly delegated in the concession contract between the municipality and the concessionaire. Methodologically, the research adopts a qualitative approach with an exploratory and descriptive nature, supported by a bibliographic review of materials such as books, articles, and dissertations, as well as primary sources, including reports from government agencies, raw data from IBGE and SNIS, and discussions from CPIs related to the topic.