Water As A Fundamental Rigth: An analysis of the water market in the light of the brazilian legal ordinance

Abstract

Introducing water markets as an instrument to promote more efficient allocation of water resources, gives rise to a series of discussions with legal repercussions. and social about the National Water Resources Policy and the need to critically reflect on the management and management of water resources as an essential element to life. Although it is necessary to recognize the innovations brought about, it is essential to analyze and seek legal protection in line with human dignity, ensuring balance and maintenance of life for present and future generations. In this context, there is a necessary problem for the development of the research: How are the guidelines of the water market established under the perspective of federal law 9,433/97 and its correlation as a fundamental right to life in the legal system? As a method of approach, the deductive method will be used, the method of procedure will be qualitative, and the research technique will be exploratory, documentary and bibliographic. In fact, the commodification of water in Brazil has been the subject of a series of discussions among scholars, environmentalists, jurists and even society in general. The issue has caused several divergences and, for the most part, has been treated as an unfeasible proposal, as it emphasizes the privatization of water, a measure prohibited by the Federal Constitution and, therefore, unconstitutional. Thus, noting its social relevance, it is necessary to recognize water as a fundamental guarantee, in addition to the participation and awareness of society in the discussions surrounding the topic.