A interpretação da norma pelos órgãos gestores dos recursos hídricos e sua correlação com a sustentabilidade do sistema: Estudo de casos

• Autor(a) principal: Barbosa, Magno Neves
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/13505
• topic: Water Resources; Sustainability; Management; Interpretation; Legislation; Recursos Hídricos; Sustentabilidade; Gestão; Interpretação; Legislação; CNPQ::OUTROS::CIENCIAS

Throughout the history of humanity, water has always been strategic for the development of humanity. Until now one of the most serious challenges facing the world is the coming water crisis. It is estimated that by 2025 two-thirds of the world's population will suffer from scarcity problems, and by 2050 it would already be about 75% of humanity. Faced with this reality, the need for a sustainable management of water resources has become a worldwide paradigm. Brazil has more than 12% of what can be used in the world. Nevertheless, despite being considered the greatest hydropower of the planet, it has serious problems with its Water Resources, being also a fact that water is poorly distributed in relation to the population density of the Country. Historically, in our country, water management occurred in a fragmented and centralized way. However, in 1997, Law No. 9,433 was constituted as a new political-institutional framework for Water Resources, and initiated the paradigm shift through of a systemic and sustainable model that foresees the multiple and egalitarian uses of Water Resources, based on integrated, participative and collegial public management, being the hydrographic basin the planning and execution unit of this policy. Sustainable development is expressly provided for in items 2 and 3 of Law no. 9.433 / 97. However, after more than 20 years of the new policy, we can see a picture that suggests the low effectiveness in the implementation of the sanctioned water governance. Studies conducted over these 20 years indicate administrative issues as part of the problem. Within the administrative issues it was possible to identify that some of the problems for an effective management of the system may arise from the interpretation and / or application of the legislation by the managing organs. The purpose of the present study is to analyze the interpretation and / or application of specific water resources legislation by the management bodies, and to verify the consequences of this application for the management of Water Resources, through the study of cases. In order to achieve the proposed objective, scientific methods of legal interpretation will be used to analyze the theme and define the degree of its interference in the sustainability of the management system, such as the systematic and sociological methods of interpretation. theory of neoconstitutionalism based, in its affinities, on the three-dimensional theory of law. Thus, it is understood that the present study will contribute to a better management of the water resources as it would be helping in the implementation of the objectives of the national water resources policy