Banca de DEFESA: ILLANA CRISTINA DANTAS GOMES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ILLANA CRISTINA DANTAS GOMES
DATE: 17/12/2021
TIME: 18:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

 Access to water as a multifunctional right: from a human right to an instrument for development

KEY WORDS:
PAGES: 144
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Water is an essential asset to life and in the face of the uncertainties of the availability of an indispensable but limited resource, shows the international concern to guarantee its access as a human right. Water being a public good, it is questioned how the right to physical, social and economic access to water could be guaranteed, especially when the resource is on private property in regions of water scarcity, and, being an insum for economic activities, how its access could drive development. The present study aims to analyze whether access to water would be
a fundamental right and an instrument 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 was recognized by the United Nations as a human right, however, the published resolutions are in the sphere of soft law, without mandatory force with nation states. There are disagreements between Brazilian doctrinators regarding the legal nature of the legal good water. By the Constitution of the Republic 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, since it is a requirement for the existence of this
right to perform its social function, and it must have the property a social purpose and its use
does not not comply with the right to the ecologically balanced environment. 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 and already approved by the Federal Senate. The fundamental right to access to water can be treated as a multifunctional right, with individual, collective, environmental and developmental-eficational 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:
Presidente - 2279345 - SERGIO ALEXANDRE DE MORAES BRAGA JUNIOR
Interno - 3204015 - FABIANO ANDRE DE SOUZA MENDONCA
Externo à Instituição - CARLOS SÉRGIO GURGEL DA SILVA - UERN