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 da eficiência aplicado à outorga e à cobrança da água produzida na exploração petrolífera

Water production is unavoidable during a petrol well s lifetime. The amount of produced water associated with oil varies a lot. It can reach values which account to 50% in volume up to nearly 100%, at the end of the well s economic life. It could be verified that, once the water reaches the productive wells, there must be a management of this produced water. Its destiny is defined after a precise study, after which the best option is chosen between relieving it into the environment, re-injecting it into the producing container or disposing it into non-producing formations. Whichever option is made by the involved professionals, after the necessary analysis, it shall consider, besides the technical and economical aspects, also the alternatives which entail less environmental impact. The purpose of the present research is to conduct a study about the application of the constitutional principle of efficiency on the instruments worked out by the public administration on water management, specifically the water use licence and charging for the use in the management of water resources applicable to water production at the petrol wells. In this attempt, before entering the proper approach of the efficiency of the mentioned instruments, it was necessary not only bring to light the doctrinal perception about the constitutional principle of administrative efficiency, but also make some considerations concerning to the structure of the national water resources management, set by the Federal Constitution (1988) and the federal legislation (9433/97)

Desenvolvimento territorial e a política nacional de água em Moçambique: o caso do distrito de Chibuto

The development has been a phenomenon in constant discussion today, whose fundamental importance should be to promote the welfare of humanity. Thus, the development becomes an element that adds political, economic, social and environmental values . In Mozambique the development model adopted by the State prioritizes the economic dimension, in this case favoring the growth of capitalist structure production. Thus , the basic conditions for human survival still leaves much to be desired and the Mozambican population in general and the district of Chibuto , in particular , continue to face several difficulties to have access to such conditions, and the lack of potable water is a that most of the problems afflicting this population . The water was always a factor related to the socio-economic development of the population, where great civilizations and major economic marks were always influenced by water availability, and today this feature is present in all sectors of production. In Mozambique, much effort has been made by the government, national and international organizations to enhance and guarantee the supply of potable and drinking water, and despite all this effort, most of the population does not have access to this precious resource. In this sense, this work presents an analysis of the effects of the National Water Policy in the study area, analyzes the shortage of potable water in the district of Chibuto, discusses the design and development contained in the official discourse of the state and, opposes the idea of human development. For such issues that help to understand the phenomenon under study, such as territory, public policy and criticism of hegemonic conception of development are addressed. To make the desired approach, we performed a characterization of the District of Chibuto, addressing the issue of poverty, with a brief discussion of this concept, from different approaches, and analyze the impact of the PARPA (Action Plan for the Reduction of Absolute Poverty) in fighting poverty in Mozambique, and became a description of the scenario of poverty and vulnerability in Chibuto district with the construction of Territorial Human Development Index. Research also brings up a discussion about territory and technicization which describes the senary of the water supply system in the District and territorial dynamics of Chibuto, from the analysis and description of existing structures and other technical objects that structure the territory under study. Thus, it was found that the development should be summarized in the satisfaction of human needs, and should be the cornerstone of the new type of development that is intended for the purpose of triggering urgently actions to overcome or combat bleak misery suffered by the majority of inhabitants of the District of Chibuto

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

Influência de eventos hidrológicos extremos na qualidade da água de reservatórios na região tropical semiárida

Reservoirs are artificial ecosystems, intermediate between rivers and lakes, with diferent morphological and hydrological characteristics that can provide many important benefits to society. However, the use of this water for human consumption, watering livestock, leisure, irrigated agricultural production and pisciculture development, directly influence the increase loading of nutrients to aquatic environments and contribute to acceleration of eutrophication. Furthermore, global climate models are predicting a higher occurrence of extreme events such as floods and severe droughts, which will create hydrological stresses in lakes. In the semiarid northeast we can see the occurrence of these events, the drought of the years 2012, 2013 and 2014 was the worst drought in 60 years, according to the National Water Agency (ANA). Thus, this study aimed to evaluate the quality of the semiarid tropical water sources, identifying temporal patterns in periods with extreme hydrological events (floods and severe droughts). The study results showed that Gargalheiras and Cruzeta reservoirs presented significative changes in the limnological variables between rain and severe drought periods, with better appearance and in the most of the water quality variables in the rainy season and higher nutrientes concentrations and high electrical conductivity values in severe season, indicating decay of its quality. However, we found diferent behaviors between the reservoirs in severe drought. While Gargalheiras showed a typical behavior of the region, with high concentrations of algal biomass, indicating the worsening eutrophication, Cruzeta demonstrated a colapse in the total phytoplankton biomass, evidenced by the decrease in chla concentrations. This fact occurred because the low depth and proximity with the sediment facilited the inorganic solids resuspension and, consequently, resulted in turbid water column and light by limitation. In addition, the different behaviors between the reservoirs indicate that the responses of these environments problems such as extreme events must take into account factors such the region climate, size, depth of the reservoir and the basin characteristics.

Modelagem estatística e atribuições dos eventos de precipitação extrema na Amazônia brasileira

Intense precipitation events (IPE) have been causing great social and economic losses in the affected regions. In the Amazon, these events can have serious impacts, primarily for populations living on the margins of its countless rivers, because when water levels are elevated, floods and/or inundations are generally observed. Thus, the main objective of this research is to study IPE, through Extreme Value Theory (EVT), to estimate return periods of these events and identify regions of the Brazilian Amazon where IPE have the largest values. The study was performed using daily rainfall data of the hydrometeorological network managed by the National Water Agency (Agência Nacional de Água) and the Meteorological Data Bank for Education and Research (Banco de Dados Meteorológicos para Ensino e Pesquisa) of the National Institute of Meteorology (Instituto Nacional de Meteorologia), covering the period 1983-2012. First, homogeneous rainfall regions were determined through cluster analysis, using the hierarchical agglomerative Ward method. Then synthetic series to represent the homogeneous regions were created. Next EVT, was applied in these series, through Generalized Extreme Value (GEV) and the Generalized Pareto Distribution (GPD). The goodness of fit of these distributions were evaluated by the application of the Kolmogorov-Smirnov test, which compares the cumulated empirical distributions with the theoretical ones. Finally, the composition technique was used to characterize the prevailing atmospheric patterns for the occurrence of IPE. The results suggest that the Brazilian Amazon has six pluvial homogeneous regions. It is expected more severe IPE to occur in the south and in the Amazon coast. More intense rainfall events are expected during the rainy or transitions seasons of each sub-region, with total daily precipitation of 146.1, 143.1 and 109.4 mm (GEV) and 201.6, 209.5 and 152.4 mm (GPD), at least once year, in the south, in the coast and in the northwest of the Brazilian Amazon, respectively. For the south Amazonia, the composition analysis revealed that IPE are associated with the configuration and formation of the South Atlantic Convergence Zone. Along the coast, intense precipitation events are associated with mesoscale systems, such Squall Lines. In Northwest Amazonia IPE are apparently associated with the Intertropical Convergence Zone and/or local convection.