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Orlando Morando, Prefeito de São Bernardo do Campo, quarta maior cidade paulista, pede ajustes no texto do PL 3261, sobre saneamento

Leia o artigo do Prefeito de São Bernardo, Orlando Morando, publicado nesta terça-feira, 3 de dezembro, no jornal Diário do Grande ABC:

SANEAMENTO: UM DIREITO DE TODOS E UM DEVER DO ESTADO

O sonho da universalização do saneamento no Brasil está cada vez mais distante. Isso porque a o projeto de lei 3.261/2019, que tramita na Câmara dos Deputados sobre a revisão do Marco Legal do Saneamento, vai desestruturar totalmente o setor no país. E novamente os mais prejudicados serão os brasileiros mais pobres, que vivem sem acesso a água potável e esgoto tratado e sujeitos a contrair todo tipo de doenças. Sobre o pretexto de levar o Brasil a tão sonhada universalização dos serviços de saneamento, o texto na realidade deixa os municípios menores e mais pobres bem longe deste sonho.

Pela Constituição Federal de 1998, são os municípios que detém a titularidade e decidem como deverão ser prestados os serviços públicos de saneamento básico. Nas Regiões Metropolitanas, esta titularidade é compartilhada com o respectivo Estado, já que estão presentes as condições que caracterizam o saneamento como uma função pública de interesse comum, nos termos do Acórdão promulgado pelo Supremo Tribunal Federal, onde a matéria foi discutida por muitos anos.

O texto proposto representa o fim do poder decisório dos Prefeitos sobre o saneamento básico, pois contém dispositivos que ferem essa autonomia constitucional.

Ignora solenemente a autonomia do Município para definir a melhor forma de prestar os serviços permitida na legislação atual que pode ser diretamente, pelo próprio município, indiretamente, por meio de concessão ao setor privado ou através da gestão associada com outro ente público, nos termos do Art. 241 da Constituição Federal, por meio de consórcio ou convênio de cooperação e celebração de contrato de programa.

Na prática, o PL 3261/2019 veda a formalização de contratos de programa e impõe a concessão dos serviços, impedindo que Estados e Municípios façam gestão associada de forma voluntária e alinhada ao interesse público.

O texto autoriza a venda da empresa estadual de saneamento e a transformação dos contratos de programa com os municípios – firmados no arranjo da gestão associada entre entes públicos – em contratos de concessão com a empresa privada que vier a assumir a estatal.

O texto tira o poder de decisão da mão dos municípios, fere a autonomia municipal e autoriza o estado a vender o que não é dele.

O texto promove a desestruturação completa do setor e traz uma enorme insegurança jurídica para a prestação de serviços de saneamento básico. Não será dessa forma que alcançaremos a sua tão almejada melhoria no rumo da universalização.

Este projeto é como se o governo estivesse tirando dos pobres para dar aos ricos, um Robin Hood às avessas dos nossos tempos, digamos, em um momento que recursos para a saúde estão congelados por 20 anos. Ou seja: não investiremos em saneamento para prevenir doenças nem teremos condições de tratar os doentes. Em pleno século 21, viveremos em um Brasil do século 19.  

O momento é crucial. É necessário urgentemente viabilizar o debate amplo em nossa sociedade, para que este não fique concentrado apenas nos temas aqui destacados, mas impactando na discussão dos demais itens das alterações propostas pelo governo.

Devemos impulsionar a eficiência na gestão das empresas do setor, integrando as empresas públicas com as empresas privadas, unindo o que tem de melhor nos dois modelos para caminhar juntos a universalização.

O PL 3261/19 necessita de ajustes para a preservação das atribuições constitucionais dos municípios, a permanência dos contratos de programa e a garantia da atribuição de estado como grande impulsionador da universalização dos serviços de saneamento no Brasil.

Crédito da foto: Divulgação/ Ricardo Cassin/ PSBC

 

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