Note de la rédaction: l'exemple ci-après présenté constitue un bon exemple de comment une intervention de la jurisprudence permet de protéger et promouvoir le droit à l'assainissement ainsi que la protection de l'environnement. La société SANEPAR objet du jugement, est devenue ces 10 dernières années une société assurant dans des bonnes conditions les services d'assainissement.
SANEPAR Case – Parana's State, Brazil
The question for the Human Right of access to water and adequate sanitation has been faced by prosecutors (State of Parana), Brazil, for many years, especially involving the agency of water treatment and sanitation of the State of Paraná, SANEPAR (Sanitation Company of Paraná).
This happened with the adoption of the levy sewage (in the 1990s), about 804.6 of the value of water consumption, the Prosecutor's Office instituted procedures and Civil Investigations to investigate complaints from users who claim to have that pay the fee when they did not have access to wastewater collection network that wants to exist in their neighborhoods, as well, when he was served with these NETWORKS, sewage captured in homes was launched "fresh" in the Paraná river bed, there in 1995, only one treatment plant effluent (ETE), the anaerobic process that lacked the capacity to meet all the demand in the city of Foz do Iguaçu.
BEFORE this reality, in Foz do Iguacu, State of Paraná - Brazil, the Promoter of Justice, RENAN GABARDO FAVA, filed a civil suit before the Civil Court of the District of Foz do Iguaçu, with the object of the COMPEL SANEPAR not require the collection of sewage rate, while it was not the CONSUMER both served by a wastewater collection system that would capture the sewage produced in his residence, AND, this same sewage when captured, was not released "in natura" in RIO PARANÁ, without appropriate treatment by BUILD MORE ETES (s) sufficient to meet the needs of the city.
The lawsuit was filed IN 1995, as shown below in INITIAL, and was upheld on October 16, 2000, by JudgePÉRICLES BELLUSCI DE BATISTA PEREIRA.
As it follows:
“I believe the claim made by the Ministry of Public Paraná this lawsuit against SEWERAGE COMPANY PARANÁ - SANEPAR. Condemning this abstention from charges for sewer service in the buildings served by the network in the city of Foz do Iguaçu, until they are implanted treatment plants, as well as the return of the monies received after citation, title nonexistent service, with restatement and legal interest of 6% per year.”