The theory of social administrative law in the orientation of public policies for a right to the city: the right to basic sanitation and to water in latin american cities

This article starts from the analysis of interventionism and the subsidiarity of the State from the insurgency to the neoliberal trend in the Latin American political system. To illustrate the intended objective, we sought to discuss, introductory, the importance of public action from the Theory of Social Administrative Law combined with the theory of the right to the city. In a second moment, the main changes foreseen in the public basic sanitation service in Brazil with the edition of the New Legal Framework for Basic Sanitation (2020) and the perspectives for the provision of this public service are pointed out. Then, following the same parameter and as an example, the Water War in Cochabamba was examined, which started a wave of privatizations and popular revolts in Bolivia. Finally, it was highlighted that urban development is closely linked to social, economic, cultural and technological development, making a parallel with the proposals presented in the New Urban Agenda of 2016, which, among other points, addresses the issue of territorial and urban planning as essential to achieve the desired sustainable development. The analysis carried out starts from the constitutional options made by the States and their inclusive commitment, highlighting the need to maintain these constitutional commitments that promote a more just, free and supportive society. To reach the result of the research, a qualitative theoretical methodology was adopted, methodically promoted by bibliographic review techniques.