A lei pro-águas como ferramenta de implementação de sistema de tratamento de esgoto em condomínios residenciais de Manaus

Abstract

The study, developed based on bibliographical research, uses the deductive-descriptive method, with the main objective of analyzing Municipal Law 1,192/2007 (Pro-Águas) as an environmental tool for adapting the sewage treatment system of construction projects. Manaus built before the law came into force, which would, in theory, include residential condominiums in an urban area that circulate more than 40 people per day. The article develops with a historical-philosophical excursion into the nature-man relationship, in order to contextualize the research, mainly within an Amazonian panorama, and understand the reasons why today it is necessary to think about ways to realign this relationship between human beings and nature, through the idea ofan ecologically balanced environment, already constitutionalized in the Brazilian legal system as a fundamental right. Next, the concept of sustainable development and its relationship with basic sanitation are discussed; with the urban development policy and fixation of municipal competence; and with the legislative history of the Public Basic Sanitation Policy in Brazil, relating them, finally, to the Pro-Water Law. Finally, we sought to criticize the mandatory installation of a sewage treatment system in residential condominiums built before legal validity (and already having another type of sanitary sewage approved at the time of their construction), without the law municipality has addressed well-defined legal categories and hypotheses, nor enforceable deadlines, reflecting, therefore, whether Pró-Águas is an effective and sufficient tool to achieve, in practice, the intended environmental objectives.