Regulatory Mediation in Basic Sanitation in Brazil

First Impressions on Resolution No. 209 of 2024 by the National Water and Basic Sanitation Agency (ANA)

Abstract

[Purpose]  Given the increasing judicialization of issues related to basic sanitation in Brazil, the National Water and Basic Sanitation Agency (ANA) introduced Resolution No. 209/2024, which establishes procedures for regulatory mediation of conflicts in the sanitation sector. This article explores the concept of consensualism and alternative dispute resolution methods, such as mediation, highlighting the importance of a negotiated and less bureaucratic approach in public administration. ANA Resolution No. 209/2024 is detailed in terms of its objective, scope, and mediation process, emphasizing the importance of confidentiality and procedural speed. Finally, the article presents initial impressions of the impact of this innovation on the sanitation sector and its potential implications for improving the regulatory environment and attracting investments in Brazil.

[Methodology/approach/design] The methodology involves a detailed examination of the regulatory and institutional context of ANA Resolution No. 209/2024, including its objectives, scope, and mediation process. The analysis is supported by references to relevant legal frameworks and legal doctrine.

[Findings] The article concludes that ANA Resolution No. 209/2024 represents a significant innovation in the regulatory landscape of Brazil's basic sanitation sector. The resolution provides a clear and efficient mechanism for resolving administrative conflicts, reducing excessive judicialization, and promoting legal certainty and regulatory efficiency. The results highlight the potential positive impacts on the regulatory environment and investment attraction. The article also underscores the relevance of consensualism and alternative dispute resolution methods in enhancing the efficiency and effectiveness of public administration.

[Practical implications] The article’s conclusions can be practically applied by regulatory agencies, public administrators, and service providers in the basic sanitation sector. Implementing ANA Resolution No. 209/2024 can lead to more efficient and effective resolution of administrative conflicts, reducing the burden on the judiciary and promoting a more stable and predictable regulatory environment. This, in turn, can attract more investment into the sector, contributing to improvements in sanitation infrastructure and services.

[Originality/value] The article fills a gap in the study of regulatory mediation in Brazil’s basic sanitation sector. It provides a comprehensive analysis of ANA Resolution No. 209/2024 and its potential impacts, offering valuable insights for policymakers, regulators, and stakeholders in the sector. The study highlights the importance of consensualism and alternative dispute resolution methods in public administration, contributing to the broader discourse on regulatory efficiency and legal certainty.