Banca de QUALIFICAÇÃO: AGÉLIO NOVAES DE MIRANDA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : AGÉLIO NOVAES DE MIRANDA
DATE: 30/06/2022
TIME: 09:00
LOCAL: FACULDADE DE DIREITO DE ALAGOAS
TITLE:

THE FUNDAMENTAL RIGHT TO BASIC SANITATION AND THE NEW LEGAL FRAMEWORK OF THE SECTOR: INSTITUTIONAL LEGAL ARRANGEMENTS, FEDERALISM OF COOPERATION AND THE SEARCH FOR THE UNIVERSALIZATION OF SERVICES.

KEY WORDS:

Key Word: Sanitation. Fundamental Social Law. New Legal Framework. Public Policy. Institutional Legal Arrangements. Cooperation Federalism. Subsidiarity Principle. Regionalization. National Regulatory Reference Standards. Public Services. Economic and Social Feasibility. Private Participation. Universalization.

 

PAGES: 134
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Administrativo
SUMMARY:

Basic sanitation as a legally structured public policy and the institutional legal arrangements conveyed by its new legal framework are the object of this study. Due to the broad legal dimension of the concept of sanitation and in order to approach the object with more precision and coherence, a methodological cut is made to, from a dogmatic perspective, focus the analysis in relation to public services for the supply of clean water. and sanitary sewage. Initially, it seeks to demonstrate the recognition of basic sanitation as a human right and then its framing as an autonomous fundamental social right is carried out, based on the opening clause of CF88. In light of the design of the federal state and the cooperation federalism adopted by the Brazilian constitutional order, it is sought, based on the principle of subsidiarity arising from it, to offer some directives around the division of competences in the sector, the creation of new institutional legal arrangements and the combination of public and private efforts around the universalization of the right to basic sanitation. Next, the main sectoral innovations promoted are analyzed. The commandment of regionalized provision is understood as the main axis of the changes, because to make it viable, the central government assumes the role of regulatory coordination by ANA, which starts to issue national standards of regulatory reference. A greater opening to private participation in the sector is carried out and rules are structured for the economic and social viability of the services. The mandatory goals of universal sanitation and their implications for the redesign of public policy are specially addressed. Finally, paradigmatic judgments of the STF are presented that had the new legal framework as a reference and, whose argumentative line and result, reveal some implications for the theme developed here.

 

BANKING MEMBERS:
Presidente - 1458406 - FABIO LINS DE LESSA CARVALHO
Interno - 2121407 - ANDREAS JOACHIM KRELL
Interno - 2223577 - GABRIEL IVO