Banca de DEFESA: SARA DAYANE BEZERRA DE SOUZA SANTOS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : SARA DAYANE BEZERRA DE SOUZA SANTOS
DATE: 16/05/2025
TIME: 10:30
LOCAL: https://meet.google.com/ice-rpgk-ais
TITLE:

WATER USES IN BRAZIL: A Legal Study of Contemporary Economic Aspects

KEY WORDS:

Water Resources. Water. Water Rights Allocation. Charging. Financialization. Assetization. Market. Environmental Sustainability. Virtual Water. Water Footprint. Legal Analysis of Economic Policy.

PAGES: 146
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation investigates the challenges related to the multiple uses of water in Brazil, based on the hypothesis that the current water management model has produced imbalances between the objectives established by the National Water Resources Policy (PNRH), instituted by Law No. 9,433/1997, and the outcomes effectively observed, especially in contexts of water stress. To this end, empirical data on water use were analysed, with particular emphasis on the dynamics of intensive productive water consumption in western Bahia – a region marked by socioenvironmental conflicts that illustrate the national panorama. The study also examined initiatives and trends in the normative reform of water governance, with specific attention to Bill No. 4,546/2021, currently under review in the National Congress, which is guided by the financialization of nature. This indicates a process of transforming water, as a common good, into a tradable economic asset, to the detriment of the objectives of the aforementioned policy. Once the mismatches between the prerogatives of the PNRH and the observed reality were verified, the research problem consisted in formulating institutional reforms that, in addition to being legally structured, could reconcile divergent interests concerning water use, harmonizing its economic potential with the necessary protection of its environmental function. For this purpose, the analytical perspective of the Legal Analysis of Economic Policy (AJPE) was adopted to formulate legal-economic criteria capable of guiding reforms aimed at sustainable water management. The resulting criteria were as follows: (i) the interest of the present generation in improving its living conditions within the limits established by the biosphere, thus positioning itself in a transitional stage in which sustainability becomes the central objective; (ii) the promotion of greater equity in living conditions and access to natural resources (common goods); (iii) the prioritization of ideal interests over material interests in the use of natural resources; (iv) the protection of the future generations’ expectations and interests. The main reforms suggested were: (a) transforming the water use right concession (outorga) into a “negotiable licence”; and (b) incorporating into the pricing instrument specific measures for enforcement, measurement, and monitoring, thereby enabling interventions aimed at increasing water availability and quality. These measures are intended to align the instruments of the PNRH with its founding principles and objectives. Strengthening water governance in Brazil, however, requires further initiatives, among which the role of legal experts and regulators stands out. They could incorporate, among other tools, the sustainability criteria outlined here into their decisions, thereby ensuring a more equitable, participatory, and environmentally balanced management of water resources

COMMITTEE MEMBERS:
Presidente - 6136043 - MARCUS FARO DE CASTRO
Externo ao Programa - 403969 - JORGE MADEIRA NOGUEIRA - UnBExterno à Instituição - EDUARDO SAAD DINIZ - USP-RB
Externo à Instituição - HUGO LUÍS PENA FERREIRA - UFJ