Pedro Duarte Pinto,Arthur Monteiro Almeida,Milton Pereira de França Netto,Alessandra Marchioni, Universidade Federal de Alagoas, Departamento de Geologia,
RESUMO
Law in Brazil protects the right to water as it is ensured in the Brazilian 1998 Constitution, while not explicitly, it can be drawn from the right to life, however explicit in a number of international treaties signed by Brazil. The inobservance of the application of this principle by Brazilian authorities in the judicial and legal realms is undeniable. Therefore, this paper expounds the establishment of the parameters of this juridical base, in order to effectuate the fundamental right to water, perceived as a real content, specially about the paths taken to bring into force the right to access to potable water, not only concerning the availability of this resource, but also with regards to the quality and plain access. For that matter, it will be utilised the deductive methodology, which will encompass a theoretical, doctrine and legislation, study, and its practical co-relation, from a jurisprudential analysis of the ADI/2224/DF. Furthermore, this paper is to bring the debate of the fundamental right to water to the reality of Alagoas, and to propose an adaptation of the measures taken globally through a description of the model to ensure the effectuation of this right in the state.
PALAVRAS CHAVES: Direito Fundamental à Água; Acesso à água potável; Efetividade do Direito à água.