A mercantilização da água: desafios da realização dos direitos fundamentais em meio às mudanças climáticas

Abstract

Water essentially guarantees life on Earth. Contrary to what was thought in the past, water resources are finite and their management must be based on sustainability for hydrological preservation. This change in perception is reflected in the relationship between human beings and nature in an international and national scenario in the management of water resources. To achieve this, it was necessary to analyze the historical roots of these dimensions together with the legal and jurisprudential repercussions of the international commitments assumed by the country in problematizing the effectiveness of Brazilian public policies in the management of water resources. Therefore, it was necessary to analyze the extent to which the public and private spheres can positively influence and address environmental water sustainability in order to harmonize human actions for rational water management in the formulation of public policies based on the legal recognition of water. Next, the publicization of water in the Brazilian reality was addressed in its multifunctionality and in its ownership for universal access to drinking water through effective, democratic, supportive and popular water governance. Finally, in the last chapter, the treatment of water in Brazil was investigated through a national, regional northeastern and state analysis of Ceará, concluding that the commodification of water resources represents an extremely regressive potential for the Democratic State of Law. Bibliographical research was used as a methodology through the analysis of books, legal articles, national and international documents, legislation and jurisprudence. The research is pure, qualitative and quantitative in nature, with descriptive and exploratory purposes.