O saneamento ambiental na encruzilhada entre direito social e negócio : análise do chamado “novo” marco legal do saneamento

• Ano de defesa: 2021
• Autor(a) principal: Nascimento Neto, Francisco Vieira do
• Orientador(a): Santos, Josiane Soares
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Programa de Pós-Graduação: Pós-Graduação em Serviço Social
• Palavras-chave em Português: Serviço social; Saneamento no Brasil; Saúde ambiental; Privatização; Questão ambiental; Privatização das águas; Saneamento ambiental; Consequências da privatização
• Palavras-chave em Inglês: Environmental issues; Water privatization; Environmental sanitation; Consequences of privatization
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL
• Link de acesso: http://ri.ufs.br/jspui/handle/riufs/16064

This work has as its object of study the “new” legal framework for environmental sanitation in Brazil. The objective was to analyze the so-called “new” legal framework for environmental sanitation and some of its consequences for the population using the service. To achieve this general objective, we seek to: Discuss the fundamentals of the “environmental issue” and the use of water in the production and valorization processes of contemporary capitalism; Problematize environmental sanitation in Brazil as a right and the main structural problems related to its universalization; Analyze the “new” legal framework for environmental sanitation in Brazil materialized in law nº 14.026/2020 and some of its consequences for the population using the service. Methodologically, the research is characterized as exploratory, with documentary, bibliographic and qualitative data. When it comes to data collection, we use printed and electronic references of different natures, such as: monographs, theses and dissertations, reports on websites, scientific journals, annals of scientific meetings, among others. Regarding the data source, we examined the documentary material provided in the regulatory framework itself, that is, the “letter” of law 14.026/2020. We delimit the privatizing aspects related to environmental sanitation. A research script was used as a data collection instrument, which guided the selection of the data sample based on aspects of categorization prioritized in the script, namely: location, in the law text, of terms that indicate the logic of social law and business logic; identification of essential changes between the previous law (11.445/2007) and the one currently in force (14.026/2020); changes with a focus on privatization emphasizing what has been withdrawn, changed or included with the new law; the main changes that explain the privatization of sanitation and where the business logic is located; some of the consequences of the privatization of environmental sanitation in the Brazilian states for the population. We analyzed the data in the light of the dialectical-historical materialist method, as we understand that it establishes an analysis of reality based on the totality category, representing it in a historical-critical way. The results obtained through this research demonstrate that at the crossroads between social law and business, the perspective of law was lateralized. The privatization of water, in the form of environmental sanitation, is an essential mechanism for the accumulation and valorization of capital at the expense of the social use of this natural good and public service to satisfy the needs of living beings. Thus, it highlights the relevance of this study for carrying out a contemporary and necessary debate, of theoretical and practical content.