Abstract

MASSARDO, Fernando; BECKER, Josiane  and  RECH, Andrei de Oliveira. ENVIRONMENTAL LEGISLATIVE COMPETENCE IN BRAZIL WITH REFLECTIONS ON BASIC SANITATION. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.57-72.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.02.

The 1988 Brazilian Constitution established that the basic sanitation services are municipal competence, however, it established the common attribution of the Union, the States, the Federal District and the Municipalities to promote programs aimed to improving the conditions of basic sanitation in Brazilian territory. The reality is that although the Constitution grants municipalities the responsibility for providing services, the state companies operate most of water and sewage systems, as well as, that Union is the main sectorial financing agent. The Constitution also established common competence to legislate about environment. This framework implies the necessary distribution of legislative and administrative powers and responsibilities among federated entities in the interdependent areas of basic sanitation and environmental protection. This article intends to identify the consequences of the common environmental legislative competence that reaches basic sanitation in Brazil.

Keywords : Basic sanitation; Federated Units attributions; Environmental control; Competence.

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