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ARTICLE · 19 JULY 2018

Brazilian Government Revises Regulation Of Basic Sanitation Framework

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The Brazilian government issued Provisional Measure No. 844/2018 ("Medida Provisória" or "MP") with the purpose of reformulating the main norms that regulate the basic sanitation sector.

BrazilGovernment, Public Sector

The Brazilian government issued Provisional Measure No. 844/2018 ("Medida Provisória" or "MP") with the purpose of reformulating the main norms that regulate the basic sanitation sector. The government's aim with the measure is to create a climate of greater legal certainty for new private sector investments, especially through public-private partnerships.

In broad terms, the new regulation seeks to centralize the regulation of the sanitation sector under the provisions of a sole regulatory agency—the National Water Agency ("Agência Nacional de Águas" or "ANA"). ANA is expected to provide general standards and guidelines for basic sanitation public services, such as: service levels, tariff regulation and competition rules, among others. Therefore, the regulation provided by ANA must consider the particularities and characteristics of each region in which the sanitation services are rendered. In addition, ANA may act as a mediator and/or arbitrator in relation to

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