The THE RIGHT TO BASIC SANITATION IN THE FEDERAL CONSTITUTION OF 1988: AN ANALYSIS OF CONSTITUTIONAL GUARANTEES RELATED TO THIS PROTECTION AND THE MEANS FOR THEIR EFFECTIVENESS

Abstract

This work aims to analyze the right to basic sanitation as something essential for the realization of rights guaranteed in the 1988 Constitution. For this, the inductive method of research was used, considering that for the realization of social rights (such as health, food and housing) the action of the State is essential.  The article also emphasizes that although basic sanitation is not explicitly guaranteed in the Constitution, the concept of basic sanitation is understood as what is provided for in article 3 of Law 11.445/07, that is, relevant situations to the right to health (article 6 and 196) and for a balanced environment (article 225), such as water supply and treatment, in addition to waste care.  Considering this, it is concluded that the joint competence of the Union, the States and the municipalities, does not have a real effectiveness, as well as the social and economic differences in our country demonstrate the difficulties in dealing with the subject.