Bruno Calfat Advogados represented the Brazilian Association of Private Water and Sewage Service Concessionaires (ABCON) — an entity representing private sanitation operators in Brazil — in a Direct Action of Unconstitutionality filed by ABCON against Municipal Law No. 2,7542/2023, enacted by the Municipality of Magé.
The challenged regulation prohibited the concessionaire responsible for water supply and sewage services in that municipality from setting and charging minimum consumption fees or tariffs for properties without installed water meters or without access to the sewage network.
By unanimous decision, the Special Panel of the Rio de Janeiro State Court ruled in favor of ABCON’s challenge, declaring the municipal law unconstitutional.
As a result of this decision, the concessionaires operating in the Municipality of Magé are authorized to charge minimum fees for water supply and sewage treatment services, even for properties without installed water meters or sewage connections.