Kim Kataguiri: The Union holds exclusive competence to legislate on national guidelines for basic sanitation (art. 21, XX, of the Federal Constitution), the matter is not subject to any kind of reserved initiative, and an ordinary law is the appropriate vehicle.
Kim Kataguiri: As to the analysis of the material constitutionality of the proposals, there is nothing that taints the bills, which conform to the principles and rules emanating from the Federal Constitution.
As for legality, we consider that the legislative proposal is legal, insofar as it innovates the legal order and respects the general principles of law.
Kim Kataguiri: The legislative technique and wording used in the bill are adequate, fully complying with the Brazilian Norm of Legislation Drafting (Complementary Law No. 95 of 1998). b) Merit The charging of a "minimum tariff" or "consumption allowance" stems from a logic of presumed volume which, although historically used to ensure revenue predictability, today produces socially unjust and environmentally inadequate effects.
Kim Kataguiri: By charging for a volume that was not necessarily consumed, the minimum allowance can penalize low-consumption users, such as lower-income families or people who live alone, and encourage waste, since the marginal cost of consumption up to the allowance limit is zero.