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Nota de repúdio ao parecer apresentado na Comissão Mista sobre a Medida Provisória nº 868, que altera o Marco Legal do Saneamento

A ABES – Associação Brasileira de Engenharia Sanitária e Ambiental vem a público manifestar seu repúdio ao parecer apresentado na Comissão Mista sobre a Medida Provisória nº 868, que altera o Marco Legal do Saneamento, divulgado nesta quinta-feira, 25 de abril. A recente versão, ainda não definitiva e submetida à apreciação e sugestões dos parlamentares que participam da Comissão Mista, teve suprimido o Artigo 10C, que dizia respeito ao chamamento público, em que reconhecemos um avanço. Mas o novo texto não define como vamos equacionar os prazos dos contratos programa existentes com a nova lógica da prestação de serviços regional (bloco de municípios).

Além disso, mantém-se preocupante a questão do Artigo 8D, sobre a alienação das ações, o que causa insegurança jurídica no setor. Fere a constituição, na premissa de “Direitos e Garantias Fundamentais”, onde nenhuma lei pode prejudicar o direito adquirido, o ato jurídico perfeito e a coisa julgada. Transformar contratos programa em contratos de concessão de forma automática, apenas com o aval do titular do serviço, é desprezar todo conjunto de premissas destacadas anteriormente. Outro ponto negativo: trata-se de uma faca no pescoço para os prefeitos, pois determina que, caso o prefeito não aceite os termos que transformam contratos programa em contratos de concessão de forma automática, terá que operar os serviços pagando previamente os ativos não amortizados, ou seja, o gestor público não terá outra alternativa a não ser submeter-se à proposta como ela se apresenta.

Ressalte-se ainda que, desde o governo anterior, há um movimento com o objetivo de “trocar” as empresas estaduais de saneamento pelo rombo fiscal gerado nos estados, seja com a inclusão do tema no PPI – Programa de Parcerias de Investimentos, afirmando que os governos estaduais iriam fazer concessões, apesar do poder concedente ser municipal ou compartilhado entre município e estado, ou propondo venda ou transferência de ações das empresas e vinculando esta transação ao equacionamento de um déficit fiscal que existe em vários estados do Brasil.

O discurso que vem sendo utilizado pelos defensores desta premissa prega pela universalização do saneamento e a preocupação com a população. Nada mais ilusório. O fato é que não se está discutindo uma proposta para melhorar a prestação de serviços de saneamento aos cidadãos, levar mais água tratada, coletar e tratar mais esgoto; o objetivo é pura e simplesmente o equacionamento fiscal dos estados. E as empresas estaduais passaram a ser apenas uma “‘moeda de troca”.

A ABES, que há quase 53 anos trabalha pelo Saneamento Ambiental no país, promovendo o debate sobre os diversos aspectos do setor, tem defendido publicamente que a discussão histórica do Saneamento Ambiental no Brasil – sobre se este deve ser público ou privado – está ultrapassada. Considerando o cenário nacional desolador, acreditamos que a discussão deva ser outra: a eficiência da prestação de serviços, independentemente da natureza do operador. Comprovadamente, já existem exemplos de atores públicos e privados no país que atendem a este requisito.

Mas de um princípio a ABES não abre mão: a garantia da transparência desses processos, a responsabilidade em sua condução e a participação da sociedade.

 

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  119. Contra a MP do Saneamento, que privatiza esse serviço público básico. Não à usar as empresas de saneamento como moeda de troca pelo rombo fiscal, fruto dos desvios e da da corrupção!

  120. A forma como está sendo conduzido o processo de privatização do saneamento público no Brasil, merece reação da sociedade, demonstra que esta deve se mobilizar a qualquer tipo de proposta dos políticos, pois estes somente legislam em causa própria, utilizando o povo como massa de manobra para seus fins escusos.

  121. Trabalho arduamente para que a universalização do saneamento básico, com ênfase em esgotamento sanitário, seja uma realidade, principalmente no nordeste.
    Quando me deparo com essa manobra egoísta e assassina, sinto mais nojo dos políticos, quando comparados aos dejetos que se encontram nas ruas e rios do nosso país.

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