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Saneamento: governadores que iniciam o mandato neste 1º de janeiro enfrentarão entraves com a reedição da Medida Provisória que revisa o Marco Legal

31/12/2018 Ana Paula Rogers

Os governadores que iniciarão o mandato neste 1º de janeiro de 2019 terão um grande problema nas mãos: levar saneamento básico a centenas de municípios deficitários, sem precisar aumentar a tarifa de água e esgoto. O risco de desestruturação do setor no país volta à pauta com a reedição na sexta-feira, 28 de dezembro, da Medida Provisória (MP) 844, de 06 de julho de 2018, agora MP 868, que altera o marco legal do saneamento no Brasil.

Esta preocupação fez com que governadores eleitos no último pleito eleitoral, como João Dória, de São Paulo, Rui Costa, da Bahia, Paulo Câmara, de Pernambuco, e Ratinho Júnior, do Paraná, (veja lista completa abaixo) se posicionassem contrários à então Medida Provisória nº 844/2018 tal como se encontrava, pedindo uma imediata revisão do texto, especialmente do Artigo 10-A que permanece na nova MP, agora como Artigo 10-C. A carta, assinada pelos governadores, foi divulgada em novembro pela Associação Brasileira das Empresas Estaduais de Saneamento – Aesbe.

No texto da carta, os governadores ressaltaram que a forma como foi aprovado o relatório do Senador Valdir Raupp – relator da Comissão Mista que analisou a MP 844, faria com que o setor de saneamento tivesse riscos de desestruturação e de piora das condições fiscais dos governos estaduais, além do agravamento das desigualdades. E, ao contrário do que dizia o Governo Federal, os gestores afirmavam que a MP 844, com o artigo 10-A, desestruturaria os projetos com economia de escala.

Os governadores falaram ainda sobre a falta de estímulo do Governo Federal para aumentar as parcerias entre o setor privado e os prestadores de serviços estaduais.  Seguindo a linha de pensamento de todas as entidades representantes das companhias públicas, os governadores também afirmaram no documento acreditar que o Artigo 10-A fará com que o Setor Privado se interesse unicamente pelos municípios rentáveis, enquanto a maioria dos municípios, pequenos e pobres, e aqueles onde há escassez hídrica, sejam delegados e fiquem sem solução. Desta forma, os municípios mais ricos irão avançar na universalização, enquanto os mais pobres vão ficar estagnados.

MP reeditada

De forma irresponsável, no apagar das luzes de seu governo, o presidente Michel Temer reeditou a MP, sem nenhum diálogo desta gestão com o setor. Uma iniciativa antidemocrática, que pode desestruturar o saneamento no Brasil, conforme alertado por Carta dos Governadores, publicada na imprensa nacional em 07/11/2018.

A MP anterior 844 havia sido rejeitada pelo Congresso Nacional após um amplo consenso dos parlamentares de vários partidos políticos que decidiram não aceitá-la.

As maiores entidades do saneamento no país entendem que as mudanças propostas pela MP não serão capazes de enfrentar os problemas do saneamento básico, trazendo ainda mais insegurança jurídica, com a iminente desestruturação das políticas públicas do setor. São elas: Associação Brasileira de Municípios – ABM; Associação Brasileira de Agências de Regulação – ABAR; Associação Brasileira de Engenharia Sanitária e Ambiental – ABES; Associação Brasileira das Empresas Estaduais de Saneamento – Aesbe; Associação Nacional dos Serviços Municipais de Saneamento – Assemae; Federação Nacional dos Urbanitários – FNU; Frente Nacional de Prefeitos – FNP e Frente Nacional pelo Saneamento Ambiental – FNSA.

Trata-se, novamente, de uma MP inconstitucional, que afeta a titularidade municipal, o subsídio cruzado e a lógica dos ganhos de escala, prejudicando os municípios mais pobres e gerando um grande risco de aumento das tarifas de água e esgoto em todo o país. Nesse contexto, estará comprometida a universalização dos serviços. E a MP, ao contrário do defendido pelo Governo Federal, promoverá a desestruturação do setor de saneamento, agravando as diferenças entre cidades ricas.

Diante dessa ameaça, as entidades conclamam o novo Governo a retirar a proposta e o Congresso Nacional a rejeitá-la, a exemplo do que ocorreu com a MP 844.

A partir da rejeição da MP, as entidades se comprometem a participar da construção democrática de uma proposta de modernização para o setor de saneamento básico, que, de fato, contemple os interesses da população, do setor público e privado, com a inafastável segurança jurídica, fundamental para a tão necessária e inadiável universalização do serviço.

Governadores que assinaram o documento da AESBE em novembro:

AL – Renan Filho (governador reeleito)

BA – Rui Costa (governador reeleito)

CE – Camilo Santana (governador reeleito)

ES –  Renato Casagrande (governador eleito)

MA – Flávio Dino (governador reeleito)

PA – Hélder Barbalho (governador eleito)

PB – João Azevedo (governador eleito)

PE – Paulo Câmara (governador reeleito)

PI – Wellington Dias (governador reeleito)

PR – Ratinho Júnior (governador eleito)

RN – Fátima Bezerra (governadora eleita)

RS – Eduardo Leite (governador eleito)

SE – Belivaldo Chagas (governador reeleito)

SP – João Dória (governador eleito)

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