STATE ACTION IN ECONOMIC ADMINISTRATIVE LAW: REGULATORY CHALLENGES, PUBLIC GOVERNANCE, AND THE CASE OF BASIC SANITATION

Abstract

The Brazilian State's action in the economy and society, mediated by Economic Administrative Law, faces complex governance and integrity challenges. This article analyzes the State's dual role as regulator and development promoter and distinguishes State policies, with long-term goals, from government policies, bound to electoral terms. We apply bibliographic, documentary, and case-law methods, with a case study on the New Legal Framework for Basic Sanitation (Law No. 14,026/2020), its regulatory implementation (Federal Decrees Nos. 11,466/2023, 11,467/2023 and 11,599/2023), the reference standards issued by ANA, and Supreme Court decisions on regionalization. Findings suggest that politicization of State policies increases legal instability and social costs, evidencing the need to strengthen institutions, social oversight, and evidence-based governance to safeguard long-term development policies.