Banca de QUALIFICAÇÃO: ILLANA CRISTINA DANTAS GOMES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ILLANA CRISTINA DANTAS GOMES
DATE: 08/12/2021
TIME: 16:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

WATER ACCESS AS A MULTIFUNCTIONAL RIGHT: from universal human right to means to promove development

KEY WORDS:

Human rights. Enviromental asset. Social function of property.

PAGES: 123
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Water is a essential asset to life, without which it would not exist, with social inequalities resulting from the lack of access to this good. The present study aims to analyze access to water as a fundamental multifunctional right as a means to achieve development, seeking to delimit the protection given to water resources at international and national level, its legal nature as a legal good, the possible means of access to resources and the viability of public policies to promote social justice and development. For this purpose, the dialectical method was predominantly adopted, using the deductive and inductive methods, in the background. The operationalization of this approach was carried out through theoretical-empirical academic research, being qualitative research. The results indicate that access to water has been recognized by the United Nations as a universal human right, however, the published resolutions are in the sphere of soft law, without cogent force with nation states. There are disagreements between Brazilian doctrinators regarding the legal nature of the legal good water. By the Federal Constitution of 1988, it is a common use of the people, because it is an environmental good. The idea of absolute and unlimited right to property no longer prevails. The social function of property limits the full will of the individual, and the institute must have a social purpose, prevailing the interest of the collectivity. There is no need to talk about private ownership of the waters, and we should seek means to ensure their access to all. They were identified as institutes present in the national order that allow access to water when located in private properties the areas of permanent preservation, marginal land and servitude of passage. Access to water is applied the norms of fundamental rights attributed, since its positiveity has not been incorporated into the legal system, although the Proposed Constitutional Amendment No. 6/2021 is in the final phase of voting in the House of Representatives, already approved in the Federal Senate. The fundamental right to access to water can be treated as a multifunctional right, with individual, collective, environmental and developmental functions, also being a freedom that must be guaranteed as a form of social justice and promoter of development. However, the management of water resources in Brazil is still insufficient to guarantee the necessary availability for the entire population, particularly due to planning and management problems, which can be demonstrated by the current water crisis faced by Brazil.

BANKING MEMBERS:
Interno - 3204015 - FABIANO ANDRE DE SOUZA MENDONCA
Presidente - 2279345 - SERGIO ALEXANDRE DE MORAES BRAGA JUNIOR
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA