Desafios do saneamento básico no estado Amazonas – efeitos e questões trazidas pela regionalização segundo a lei no 14.026/2020

Abstract

This research project aims to explore the legal implications, practical challenges, and perspectives of the regionalization of sanitation services in the Amazon under Law No. 14,026/2020. Regarding the scientific method adopted in the research, the set of rules used in the investigation to obtain the results were deductive and dialectical. The analysis will include a review of the changes introduced by the sanitation regulatory framework, case studies of implementation in different municipalities in the Amazon. The central hypothesis suggests that, although regionalization has generated positive effects in some Brazilian states, its application in Amazonas faces specific challenges related to overcoming technical, operational, and coverage issues, which are aggravated by the unique characteristics of the Amazon region. In this context, the STF can be decisive in assessing whether the regionalization process preserves the independence of municipalities and the foundations of federalism. We will shed light on decisions that best illustrate the jurisprudential definitions on the use of federative cooperation instruments, as well as demonstrate the resolution of the legislative conflict between the Legal Framework and local regulations. The decisions handed down in the trials of ADI 6,492/DF, ADI 1,842/RJ, ADI 2,077/BA, ADI 2340/SC and ADI 4454/PR will be proven.