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AS POSSÍVEIS MUDANÇAS DA DOMINIALIDADE DAS ÁGUAS SUBTERRÂNEAS E A GESTÃO DO AQÜÍFERO GUARANI NO BRASIL E SUAS CONSEQÜENCIAS

IWRA World Water Congress 2011 Pernambuco Brazil
3. Governance and water law (co-convened by IWRA and AIDA)
Author(s): Camila Cândida Zanon Gomes

Camila Cândida Zanon Gomes, FEAD, , zanongomes.camila@gmail.com



Keyword(s): Gestão Hídrica,Compartilhata,Compartilhata
Article: PDF

Abstract

The water resources have a relevant role in the socio-environmental systems that comprise the planet. These are the base for development and maintenance of life and the world economy. The groundwater's integrate the water resources, can be conceptualized as the water that came from subsoil, that fill's the pores and fractures of rocks. As provide on the Federal Constitution of 1988 its ownership is safeguarded by Article No. 26, item I, the Federated States being the ones responsible for such ownership and management. However is in progress in a draft amendment to the Constitution, whose object the change in the dominion of groundwater's. This will be the domain of the Federal, completely negating the state's participation about it groundwater. It is questionable if such change is implemented can be affect the management and protection of the groundwater's, hindering a allowing for a future shared and participatory management of brazilian's federal entities and a internationally integrated . The study was prepared from the analysis of the concept's, foundations and guidelines supported doctrinally on environmental law. We also carried an analysis of the overall management of the groundwater's and haw that would be affected if there was a change in ownership of the groundwater's. Still, it was observed the special situation of the Guarani's Aquifer and the relationship of the countries the compose it, checking International Treaties and the delimitation of the owned by each country. From these studies and questions came to the conclusion that cooperation between the federal entities is the best alternative to get the effective protection of the brazilian's groundwater's because only whit the environment of the Federal States in democratic management of water resources demands will be met with good water quality and preserving brasilian's ecosystems

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