Ordem econômica e política nacional de recursos hídricos: hermenêutica constitucional para o desenvolvimento sustentável

This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics

O princípio constitucional do desenvolvimento e a utilização de recursos hídricos na indústria de petróleo

As can be inferred by the title of its study The constitutional principle of sustainable development and the utilization of hidrical resources in the oil industry the transcribed pages are dedicated to the approach of the mentioned subjects which, despite being apparently different, will be shown intrinsically connected as goes by the study. The superation of this first step by the reader will lead to an important perception of the title: that the situation requires, urgently, a defined posture, a complete conduct change and, therefore, a modification of the paradigms currently establisheds. To brake barriers, modifying what is lived by, is the ultimate goal. For that, there is no unique path, linear, but there were broached the development themes, the hidrical resources theme and oil and natural gas industry at the necessary points to achieve, by the end, a comprehension for the Brazilian Federal Republic goals in the search for the application of these juridical norms. The ones whom lay down over this study shall notice that, more than a simple approach over these themes (which are still less worked and searched in Brazil), the heavy critic of an instituted and pacifically accepted reality, directly offensive of the constitutional principles. The debate evolves from punctual and specific aspects, it gains life, flies, searching how the juridical order equalizes the economic model to the environment defense. Standing by the possibility of conciliation among constitutional principles, the remodeling of an economic segment is defended, aligning it to the sustainable limits. Development, sustainable, becomes means and goals to the implementation of liberty, capacitating everyone to achieve their goals of life, their libertments, fruit of the inherent antagonism of the Constitution the sustainable development offers, while an axiological vector, a new reality to the economic order, turning it into a motriz element to the fortification of constitutional normative force and for the national development

Planejamento dos recursos hídricos da bacia hidrográfica do rio Seridó, no Rio Grande do Norte

The present research has the purpose of planning the management of the water resources of the Seridó River watershed, in the state of Rio Grande do Norte, Brazil. It has an emphasis on the amount of surface water available in this region, to provide a sustainable water supply. Based on data and information collected from public departments responsible for the management of the water resources of the Rio Grande do Norte state, well as on researches related to water resources , a watershed balance was done, and the results suggested the transposition of the waters from the Piranhas-Açu river watershed taken from the Oiticica and Armando Ribeiro Gonçalves reservoirs, integrated with the construction of 2 hidroelectrical plants and 2 elevation stations, to pump the amount of water needed to the expected demand in some public dams of the region until 2020. So, with the use of the surface water potential that exists in the region, it was demonstrated that, on the contrary of the public policies implemented in the past and in the current by the federal and state realm, it is possible to supply the currently water demands and also the future ones, in a sustainable way, without the need of importing outter water to the respective watershed. Finally, it was proposed the implementation of the Water Resources Plan in the Seridó region WRPS, aiming at providing an auto-sustainable development by significantly diminishing the effects of the dry seasons in that region, by considering the economic, social and environmental sustainability

Avaliação do desenvolvimento sustentável na bacia hidrográfica do Rio Seridó em face das políticas públicas e da gestão dos recursos hídricos

The reality of water resources management in semiarid regions, such as the Seridó region, has been shaped by a complex chain involving social-cultural, political, economic and environmental aspects, covering different spheres of activity - from local to federal. Because water is a scarce element, the most rational way pointed out by our recent history has been to move towards an increasing emphasis on the need for a truly rational, integrated, sustainable and participatory water resources management, supported by legislation and by a network of institutions that could materialize it. In this sense, despite all the advances in the formulation of public policies in water resources, which ones have indeed lead to significant changes that have occurred or are underway in semiarid regions such as Seridó? What factors may be preventing the realization of the desires rationality embedded in the framers of water policies intents? How to properly manage water resources if the current actors who promote their management and the political, human, cultural and institutional processes that intervene in this management, show strong traces of unsustainability? The research methodology adopted in this paper led to a breakdown of the traditional approach to water resource management, to integrate it into other areas of knowledge, especially to political science and public administration, catalyzed by the concept of "sustainable development". From a broad, interdisciplinary literature review, an exhaustive characterization of the river basin Seridó, a set of interviews with key people in the public administration acting in the region, a series of diagnoses and a set of propositions were made in order to correct the direction of current public policies for the region. From the point of view of public policies, it is in the deployment phase, not in its formulation, which lies a major problem of the lack of significant progress in water management. The lack of coordination between government programs are well characterized, as well as the lack of efficiency and effectiveness of their actions. The causes of this secular model are also discussed, including political factors and social relations of production, which led to a stalemate difficult, but of possible solution. It can be perceived there is a scenario of progressive deterioration of natural resources of the fragile ecosystem and a network of environmental and social consequences difficult to reverse, the result of a persistent and inertial sociopolitical culture, whose main factors reinforce itself. The work leads towards a characterization of the water resources management also from the perspective of environmental, institutional, political and human sustainability , the latter being identified, particularly as investment in the development of people as autonomous beings - not based in ideological directives of any kind - in the emancipation of the traditional figure of the poor man of the hinterland" to the "catalyst for change" responsible for their own decisions or omissions, based upon an education for free-thinking that brings each one as co-responsible epicenter of (self-) sustainable changes in their midst

Proposta de zoneamento ambiental visando a proteção dos recursos hídricos de uma bacia hidrográfica

One of the most important natural resources for sustaining human life, water, has been losing the basic requirements of quality and quantity sufficient enough to attend the population due to water contamination'problems, often caused by human beings themselves. Because of this, the sources of this resource are often located in remote places of the natural environment to ensure the quality of the water. However, when urban expansion began to occupy these areas, which were once regarded as distant, environmental pollution problems began to occur due to occupation of the land without planning. Based on this occurrence, this study aims to propose environmental zoning for the Maxaranguape river watershed in order to protect its water resources. This is important because this river can serve as a source of supply for the metropolitan area of Natal, the capital of Rio Grande do Norte. In accordance to this proposition, the model of natural soil loss vulnerability (CREPANI et al., 2001), the model of aquifer pollution vulnerability (FOSTER et al., 2006), and the legal incompatibility map (CREPANI et al., 2001) were used to delimit the zones. All this was done with Geographic Information System (GIS) and also created a geographic database update of the basin. The results of the first model mentioned indicated that 63.67% of the basin was classified as moderately stable / vulnerable, 35.66% as moderately vulnerable, and 0.67% as vulnerable. The areas with high vulnerability degree correspond with sand dunes and river channels areas. The second model indicated that 2.84% of the basin has low vulnerability, 70.27%) has median vulnerability, and 26.76% and 0.13% has high vulnerability and extreme vulnerability, respectively. The areas with the highest vulnerability values also refer to part of the sand dunes and river channels besides other areas such as Pureza urban area. The legal incompatibility map indicated that the basin has 85.02 km2 of Permanent Protection Area (PPA) and 14.62% of this area has some incongruity of use. Based on these results it was possible to draw three main zones: Protection and Sustainable Use Zone (PSUZ), Protection and Environmental Restoration Zone (PERZ) and Environmental Control Zone, which are divided into A, B and C. The PSUZ refer to the coastal areas of the basin, where the sand dunes are located. These sites should be areas of environmental protection and of sustainable urban expansion. The ZPRA refer to river channels, which are in high need of rehabilitation. The third zone corresponds to the rest of the basin which should have, in general, the mapping of possible sources of contamination for further control on the use and occupation of the river

Gestão de recursos hídricos: governança e gerenciamento de conflitos pelo uso da água em região do Semiárido Nordestino

The water being vital natural resource and factor of economic and social development requires effective management and protection by the State. This thesis examines the panorama of National Water Resources Policy and the establishment of an effectively integrated management, shared and participative, contextualizing the principles foreseen in the policy. The work is focused on the discussion of public policies of access to water, analyzing the Fresh Water Program in semi-arid region of Brazil as a strategy of coexistence and permanence of a public policy that ensures the priority use, which is for human consumption. The conceptual framework of this study relies primarily on the contributions of authors in the field recognized as governance and water management. A study on the process of implementation of the various "institutions and policies" related to water management was promoted, contextualizing the change of paradigm in the transition from the centralized model to the one that takes into account the social participation, opening in this way broader perspectives for the analysis of the contents and of the impacts of these policies. The development of this study was conducted by the follow-up – both face-to-face as documentary-field – of the activities carried out while consultant of the Fresh Water Program. The history of water management in the semi-arid region was studied, depicting conflict movements and cooperation among actors. Despite the great obstacles to accomplish the shared and decentralized management, the study of this thesis points to a gradual improvement in the formulation of public policies that take into consideration governance and participatory management of water resources, with positive prospects towards the implementation of coordinated and cooperative actions in the region that mainly suffers from the shortage of rainfall, hence of shortage of water for irrigation and human consumption

Nacionalização dos Recursos Hídricos

A partir do conceito de pegada hídrica (PH), introduzido como um importante indicador do consumo de água humano, a obra analisa as relações dos hábitos alimentares na PH de cada estado e região do Brasil. No contexto atual, em que os recursos hídricos se tornam cada vez mais escassos, este livro reforça a relevância dos estudos globais sobre PH nos diversos setores da atividade humana.