Prestação de serviços públicos de saneamento nas conurbações de municípios: uma análise sob o enfoque do regime jurídico das regiões metropolitanas

Abstract

This paper aims to understand how the provision of basic sanitation public services is structured within metropolitan regions, indicating the main legal elements that shape the provision of such services as a way of mitigating the reflexive effects on the normative structure exercised amidst the political dimensions of the Federal State and the constitutional division of powers among the federated entities. The choice made reflects the State's duty to enshrine the constitutional mandate of human dignity, which is materialized with access to public health through basic sanitation public policies. In this sense, the proposal aims to study the various structuring elements of the formation of the Federal State, the analysis of the urban conurbation that gives rise to the metropolitan region, shaping a legal regime applicable to the activities of interest to the municipalities that make up the population arrangement, as well as listing the formative criteria that characterize the basic sanitation activity in the normative structure. To achieve this, a methodology based on the study of the most current standards, judgments and selected doctrine is used, without forgetting historical elements that provide a structured basis for the unraveling of the legal concepts currently applied, in order to finally establish an understanding consistent with the constitutional legal regime for the provision of basic sanitation public services in metropolitan regions