DIREITO FUNDAMENTAL AO SANEAMENTO BÁSICO COMO PREMISSA PARA UM MÍNIMO EXISTENCIAL ECOLÓGICO: ANÁLISE DO NOVO MARCO REGULATÓRIO DO SANEAMENTO BÁSICO

Abstract

This research, whose methodology is analytical, empirical and critical, analyzes the fundamental right to basic sanitation as an instrument for the ecological existential minimum from the perspective of the ecological dignity of the human person. The aim is, through official data, to present the situation of basic sanitation in Brazil as a factor for the persistence of social inequalities between regions in Brazil. It examines the precarious situation of basic sanitation in Brazil as an implication for the enjoyment of other social rights, such as health and an environmentally healthy life. It discusses the concept of ecological social minimum under the terms of the Federal Constitution of 1988. The main changes brought about by Law 14,026/2020, also known as the new regulatory framework for basic sanitation, are debated. It seeks to understand the new attributions of the National Water Agency, which is now dealing with the regulatory issue of basic sanitation. The research has as theoretical reference the thought of different scholars, legislation and jurisprudence. It is concluded that basic sanitation as a fundamental right is presented as an inducer of a dignified existence and an essential factor for the reduction of environmental degradation in the country.