BRAZIL Trends and Developments Contributed by: Maria Augusta Rost, Ricardo Barretto and Cleso Fonseca, Fenelon Barretto Rost
• Sanitation – The new legal framework for san - itation (Laws 11,445/2007 and 14,026/2020) standardised the regulation of the sector and established rules to be followed in conces - sions for the provision of sanitation services by private investors. It set concrete targets for achieving universal access to water supply and sewage collection and treatment. The objective is that, by the end of 2033, 99% of the Brazilian population will have access to treated water, and 90% to sewage collection and treatment. It is important to mention the Investment Part - nership Programme (PPI), established within the framework of the Presidency of the Republic by Law 13,334/2016. The programme aims to expand and strengthen the interaction between the state and the private sector through the establishment of partnership contracts and oth - er privatisation measures. The PPI Secretariat supports ministries and regulatory agencies in carrying out the programme’s activities. Current - ly, there are 211 major projects being monitored under the PPI, including 93 in transportation, 12 in sanitation, 9 in energy, 39 in urban infra - structure, 21 in the environment, and 4 in mining, among others. Legal Framework of Regulatory Agencies and Good Regulatory Practices The adoption of the model of independent regu - latory agencies in Brazil began in the 1990s as a result of changes in the constitutional rules governing state intervention in the economic order. Since then, several agencies have been created through specific legislation. To stand - ardise common aspects among these entities, the Regulatory Agencies Law (Law 13,848/2019) was approved in 2019.
Currently, Brazil has the following regulatory agencies: • National Electric Energy Agency (ANEEL); • National Agency for Petroleum, Natural Gas and Biofuels (ANP); • National Telecommunications Agency (ANA - TEL); • National Health Surveillance Agency (ANVI - SA); • National Supplementary Health Agency (ANS); • National Water Agency (ANA); • National Agency for Waterway Transport (ANTAQ); • National Land Transport Agency (ANTT); • National Cinema Agency (ANCINE); • National Civil Aviation Agency (ANAC); and • National Mining Agency (ANM). The main characteristics of these agencies are: • powers explicitly provided by law; • functional decision-making; • administrative and financial autonomy; • decisions made through a collegial board; and • fixed terms for directors, who enjoy stability in office. The Regulatory Agencies Law consolidated progress in the Brazilian regulatory system by establishing mechanisms such as regulatory impact analysis and public consultation, and it brought the Brazilian regulatory framework clos - er to international best practices, thereby provid - ing greater predictability and legal certainty for investors. In addition to the regulatory agencies, it is impor - tant to note that there are other key institutions
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