Technical-operational and legal perspectives in the legislative processing on the proposal for regionalization of sanitation in Santa Catarina State

Abstract

Objective: This article examines the technical operational and legal perspectives surrounding the legislative process for the regionalization of sanitation services in Santa Catarina State. It assesses whether the proposal crafted by the state government complies with the New Legal Framework for Sanitation, especially regarding the regionalization model, municipal autonomy, operational feasibility and constitutional principles.

Method: A qualitative approach was adopted, based on bibliographical and documentary review and comparative analysis of regionalization laws enacted in other Brazilian states. The study evaluated federal sanitation norms, technical and legal opinions, academic literature, court decisions and documents produced by institutions engaged in the state level debate.

Findings: The results show that the proposal submitted by the Santa Catarina government presents technical, economic and legal weaknesses by adopting the microregion model. The study identified that the proposal does not demonstrate the sharing of operational infrastructure among municipalities, an essential requirement for characterizing common interest and attributing shared state level service ownership. This omission creates constitutional risks. The compulsory participation of municipalities also undermines local autonomy and compromises cooperative governance. Evidence from other states indicates that regional sanitation units offer greater legal certainty and operational feasibility, particularly for small municipalities.

Conclusions: The study concludes that the regionalization model proposed for Santa Catarina must be revised, replacing microregions with regional sanitation units, ensuring voluntary municipal participation and strengthening independent regulatory mechanisms. Achieving the goals of the New Legal Framework requires technically sound, legally consistent and institutionally cooperative solutions capable of enabling universal access by 2033.