Da disciplina normativa das águas à gestão dos recursos hídricos no Ceará: pela efetividade dos instrumentos de participação coletiva na garantia do acesso de todos à água

Abstract

The management of water in Ceará needs to take greater account of the various spaces for the promotion of democracy, in a new perspective, with a view to consolidating the importance of the popular participation of communities as a strategy to guarantee their effectiveness in the decisions taken by the Committees and Councils members of the water resources management system. Nowadays, the theme of the preservation of Nature and its water cycle as a natural mechanism is only added to water management, which is capable of containing the advance of desertification and the worsening of the lack of water, breaking this growing vicious cycle by implanting a virtuous cadence, besides allowing the various uses of these waters, leads to the renewal of its sources and of life itself - resulting from a relationship of reciprocity and reunion between humanity and the living Nature in Gaia, the planet Earth. On the juridical level, this new way of thinking the human-nature relation already finds references throughout the world, having its greater expression in the phenomenon known as New Latin American Constitutionalism, whose centrality in the Good Life and in the rights of Mother Earth or Pachamama won global relevance since the adoption of the Harmony Program with Nature by the United Nations. Capped by Ecuador, this vision focused on nature, the foundation of the Andean peoples' perspective on life in the world, presents itself as necessary in the face of the exhaustion of the still anthropocentric model of sustainable development - of which water management in Ceará is tributary. The science of law, still heavily influenced by the Kelsenian positivism, has always admitted, even with great resistance, the possibility of nature and its members (nonhumans) appear as subjects of law for the effectiveness of legal relations arising from the order. This new view of the world, transposed to the water management plan, requires the adoption of a system of interpretation of its norms, based on the maximum effectiveness of constitutional principles, arising from the superprinciple of human dignity and the recognition of knowledge and pluralistic norms, present in the communities, diverse from the domain of legal dogmatics and from the empire of the state competence to legislate, that escape the tradiciona way of thinking the Law.