Saneamento ambiental e estação de tratamento de esgoto: dimensão jurídica em condomínios residenciais de Manaus

Abstract

The objective of this research was to examine the regulatory framework related to basic sanitation and the (in)applicability of Municipal Law n. 1.192/2007 (Pró-águas) regarding the obligation to implement the sewage treatment plant (STP) system as one of the mechanisms for protecting new condominiums from water pollution and preserving the environment, as well as those already existing before the aforementioned municipal law came into effect, in view of the principle of non-retroactivity. The methodology used was the deductive method, using bibliographic and documentary means, with the use of doctrine, legislation and jurisprudence on the subject; regarding the purposes, the research is understood as qualitative. After the initial stage on the historical evolution of sanitation, the theoretical framework, the existing (inter)national legislation, the impact on environmental issues, public health and human dignity, with emphasis on Sustainable Development Goal 06 - SDG 06, defined by the United Nations (UN), the responsibility for installing ETE in residential condominiums in the city of Manaus and municipal law n. 1.192/2007 are addressed. Next, decisions of the Court of Justice of the State of Amazonas were analyzed regarding the application or not of the municipal law regarding the installation of ETE in condominiums already consolidated before the law came into effect. Finally, the study discusses the progress made in the basic sanitation law in the city of Manaus (Law n. 1.192/2007) and highlights the contribution of the ETE system to the well-being and health of both residents of condominiums and the general population, as well as its role in protecting water resources and preserving the environment, as an essential element for the efficiency of environmental sanitation. The study concludes that Municipal Law n. 1.192/2007, although it requires improvements in its regulations regarding certain articles to ensure its effectiveness, has retroactive effect, applying immediately to already consolidated developments/condominiums, since the law aims to improve the protection of the environment and biodiversity, in accordance with the principles of the Constitution of the Federative Republic of Brazil (CRFB/88), always in the interest of the collective. Furthermore, acquired rights, perfect legal acts and res judicata cannot be used to harm nature. The Pro-Water Law is, therefore, an important strategy for the universalization of environmental sanitation services in Manaus, contributing to health, housing, human dignity, pollution control and environmental preservation. However, it is essential that the law be fully regulated to ensure its effective implementation and compliance, avoiding conflicting interpretations about its protective purpose. Furthermore, it is important that the government develop incentive programs for condominiums to implement ETEs, offering financing options, subsidies and promoting environmental education actions, in order to raise awareness among the population about the importance of sanitation and collective responsibility in preserving the environment for current and future generations.