Regulatory framework
The main goal is to universalize sanitation services in the country, and for 99% of the population to have drinking water, and 90% of water collection and treatment services, by the year 2033. To achieve this, this new legal framework It aims to reinforce the legal security of the sector, increase the transparency, efficiency and effectiveness of the provision of services and, above all, create the necessary conditions to increase the participation of the private sector in sanitation projects.
It is based on the conception of domain and public intervention in the management of water resources, where the action of the Public Power seeks to allow social management of the resource through participatory and integrated management among the various user sectors of society.
This defines the regulatory framework that regulates bidding in the country and determines, in its article 37, that the contracting of public goods and services must be carried out through bidding processes, unless the
law provides otherwise. As of April 2023, it will be the only framework for regulation in force in Brazil and one of its novelties is that it will not require that business consortia be led by a Brazilian company.
The National Water Resources Plan (PNRH) is the governing document for the implementation of the National Water Resources Policy and the performance of the National Water Resources Management System (SINGREH), made up of institutions at the federal, State and Federal District. and the basins. It is a strategic instrument to coordinate actions at the three scales of water resources management. It is the responsibility of the National Water Resources Council (CNRH) to monitor the execution and approve the PNRH, as well as promote articulation between national, regional, and state planning. and water user sectors. Within the CNRH, the Technical Chamber of Planning and Articulation (CTPA) has the function of monitoring, analyzing and giving an opinion on the National Plan, its implementation and its reviews.
It is composed of the national water resources policy, the national water resources management system.
Institutional Framework
Executor of agricultural policy and, having irrigation as one of its instruments, the Ministry of Agriculture promotes irrigation through rural credit, in addition to participating in the
of collegiate decisions, such as the National Water Resources Council.
National Water Resources Council has been active since June 1998, occupying the highest authority in the hierarchy of the National Water Resources Management System, established by Law No. 9,433, of January 8, 1997. It is a collegiate body that develops standards of mediation between the different water users, thus being one of the main people responsible for the implementation of water resources management in the country. To articulate the integration of public policies in Brazil, it is recognized by society as a guide for a transparent dialogue in the decision-making process in the field of resource legislation.
• Decide on the water resources plan
• Decide on collection (when, how much,
why charge for the use of resources
water).
As the executor of agricultural policy and, having irrigation as one of its instruments, the Ministry of Agriculture promotes irrigation through rural credit, in addition to participating in collegiate decision-making, such as the National Water Resources Council.
National Irrigation Secretariat (SENIR): configure a management system for irrigated agriculture, articulating the different organizations that interact in the sector, largely supporting private initiative and optimizing public areas as instruments for the development of less fortunate regions. favored. In addition, promote irrigation as an instrument of efficiency in agricultural production and eradicate poverty with the generation of employment and income.
Simple to various demands for water resources and conflicts that could be generated or enhanced around the issue of water, the Federal Constitution of 1988 conjectured the organization of the National Water Resources Management System (SINGREH). A set of legal and administrative mechanisms, the System aims to coordinate the integrated management of water resources and implement, in a participatory manner, the National Water Resources Policy – established by the Water Law (Law No. 9,433/1997).
They are part of SINGREH: the National Water Resources Council (CNRH); the National Water Agency (ANA); provincial water resources councils; river basin committees; the federal, provincial and municipal institutions responsible for the management of water resources; and water agencies. See below the organization of the National Water Resources Management System and the provincial systems.
It emphasizes the participation of communities in the development of water resources through the "Citizens for Water" Movement and the preparation and dissemination of publications and information brochures for schoolchildren.
The functioning of the committees, in operational terms, is precarious in some cases
• The exercise of representation suffers from asymmetries at the level of organization of the different segments and sectors.
• The recognition of the committees by society is low, which limits their capacity for political action.
• The knowledge that the Management System has of its own institutions is deficient
• The implementation of management tools under the administration of Committees is slow and ineffective
The body with the greatest powers in this regard. The MDR seeks the participation of private companies so that
contribute to the modernization, design and structuring of water projects
Founded in August 1996, ABCON - Associação Brasileira das Concessiónarias Privadas dos Serviços Públicos de Água e Esgoto, brings together private concessionaires that provide water and sewage services.
Total or partial concessionaires, in each municipality, account for 15% of the population (32.5 million people) and are present in 7% of the municipalities.
It is responsible for water supply, wastewater collection and treatment in 372 municipalities in the state of São Paulo. The company operates in the residential, commercial, public and industrial segments, and also provides wholesale water service to three other cities in the state. Sabesp was established in 1973 and although 50.3% of its shares are owned by the government, it plans to privatize the company within a maximum of two years.
Provides water and wastewater collection and treatment services in accordance with contracts of
long term. The state firm operates in 345 municipalities in the state of Paraná and in 1 municipality in the state of Santa Catarina
Copasa, together with its subsidiary Copanor, is responsible for basic sanitation in the municipalities of the state of Minas Gerais. The company operates in 640 municipalities with water concessions.
It arises as a challenge to integrate, in a single Pasta, the various public policies of urban infrastructure and promotion of regional and productive development. It brings together initiatives that are under the responsibility of both former Cities Ministries (MCid) and National Integration (MI), with adaptations to optimize the administration of programs, resources and financing.
Brazil is the country with the largest freshwater reserves in the world, with 12% of total resources, thanks to the fact that half of the Amazon River basin belongs to its territory.Despite this, these resources are very unevenly distributed, with large arid or semi-arid regions facing the challenge of ensuring stable access to freshwater for their populations. It is estimated that only 84.2% of Brazilians have access to the water network and 55% have access to the sewage and wastewater network.For this reason, improving water resources management has become one of the priority development axes for the Brazilian government and there are many opportunities for the development of projects.
Brazil
Economic and trade office of the Spanish embassy in Brasilia. Water and sanitation management
Water resources management and basin committees in Brazil
The National Water Resources Plan
Legal bases of water management in Brazil
Links of interest:
According to the latest data from the Brazilian Water System (Sistema de Hidrotecnologia de Aguas de Brazil, S.A.), the Brazilian government is currently working to improve water resources management. According to the latest data from Brazil's National Sanitation Information System (SNIS) for 2020, the country has a notable deficit in sanitation services. The Brazilian household water supply rate is 84%, the sanitary sewerage rate stands at 55% and only 51% of wastewater is treated.