BASIC SANITATION AND GOVERNANCE: PATHWAYS TO THE RIGHT TO SMART AND SUSTAINABLE CITIES
Smart cities; Law; Governance; Basic sanitation; Sustainable Development Goals.
Basic sanitation in Brazil faces obstacles to its implementation, and its absence negatively affects quality of life, health, the environment, housing, and urban living. The lack of this service contributes to the spread of diseases and environmental imbalance, especially due to the improper disposal and inefficient treatment of water and sewage. This work discusses the relevance of considering sanitation as a fundamental right and the need for public policies aimed at the population, aligned with Law Nº. 14.026/2020. The topic involves four axes: solid waste, urban stormwater, sewage treatment, and drinking water, with the latter two being the focus of this study. Considering the significant portion of the population that still lacks these services, the State's duty to implement effective public policies to ensure a minimum standard of living and dignity through concrete actions becomes evident. The study also analyzes the legal and social consequences from an interdisciplinary perspective involving environmental, health, and urban planning fields, based on the understanding that, once recognized as a right, the State has the duty to make it effective — thus making it a subject of debate within the social, legal, and public policy spheres. The absence of sanitation hinders the enjoyment of other rights, such as health and housing, which are enshrined in the chapter on social rights in the Federal Constitution, and undermines dignity in urban life. Through a literature review, the study seeks to understand: is sanitation a fundamental right? Potentially so, as it is closely related to other rights such as health, housing, and the environment. Alongside the discussion on Constitutional Amendment Proposal Nº. 2/2016, its recognition enables greater enforceability and obligation for the State to provide it. The study also incorporates the UN 2030 Agenda, specifically Sustainable Development Goals 6 and 11, which address water, sanitation, and sustainable cities, offering contributions to the theme through examples of universal access and the development of related programs. The topic is approached through the deductive method, with the core issue lying in the challenge of universalizing sanitation services and recognizing them as a social right for the promotion of sustainable and dignified cities. In this context, sustainable cities and popular participation can guide urban management and the reduction of inequalities. The study is justified by its relevance as a parameter for the protection of citizens, the environment, and cities, in light of inequalities in access to and maintenance of these services. The general objective is to present how the recognition of the right to access basic sanitation can contribute to achieving the concept of sustainable and smart cities. Methodologically, the study is applied in nature, aimed at transforming reality rather than merely discussing concepts. It adopts a qualitative and quantitative approach, with an explanatory and descriptive objective. Technical procedures include bibliographic research in books, articles, and journals, as well as documentary and case law research on government websites, news outlets, and legislation.