Direito ao saneamento básico: efeitos da lei nº 14.026/2020 sobre os direitos humanos

Abstract

The right to sanitation is questioned following human rights perspective, from analysis of the main innovations promoted by the 14.026/2020 brazilian law and its effects for human rights. By assuming sanitation as a human right, this work has extracted regulations and fundamental principles contents from UNO documents, allowing to evaluate its correspondences – omissions or restrictions – in the text of the 14.046/2020 law, intending to highlight possible dangers that could compromise the fulfillment of the law in Brazil. This paper aim to investigate, using case studies, the hypothesis that the new legislation, by prioritizing private services in the State of Goiás, jeopardizes human sanitation rights in the means that its rationality reduces or denies, beyond the effectiveness of cross subsidization, the normative force of non-discrimination, substantive equality, participation and information access principles, as well os its minimal contents of availability, quality, accessibility and acceptability. The purpose is to consolidate the idea of sanitation as human rights and with that provide foundation and instrument to interpretate and properly enforce the 14.026/2020 brazilian law.