Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Vilhena, Marlene dos Santos
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| Orientador(a): |
Fessel, Regina Vera Villas Bôas |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/22801
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Resumo: |
This research aims to reflect on the problem of water scarcity, revisiting both international and national legal norms for the protection of water resources. Furtheremore, it also analyzes critically the management of these resources in order to give materiality of the Water Law and the Right to use water, substantiating the Democratic and Socio-Environmental Rule of Law and, consequently, the dignity of the human person In this regard, the question is: what are the strategic measures that an efficient management of water resources should prioritize in order to implement the water law and the right of water use with sustainability, also embodying the principles of popular participation, the duty of care and the sustainable use of water? The relevance of this study lies in the urge of water resource protection that involves the contemporary need for environmental balance, what contributes to an equitable global distribution of water, fighting the scarcity of fresh (clean and drinkable) water. The research highlights the importance of ecological awareness, in order to implement the care that must be taken with the environment what may result in a more democratic and participative management. The study also provides constitutional and infra-constitutional definitions concerning the theme, and warns about pollution and deterioration of water resources. The research methodology is based on bibliographical studies, using a hermeneutic-systemic and historical interpretation of the global socio-economic-legal-environmental issue related to water and water resources. The transdisciplinary view gives support to a deeper understanding of the problem related to water resources, to the value of water and also provides answers to the questions posed at the beginning of this research. An important framework is the view that the access to clean (and drinkable) water constitutes a fundamental right that seeks to secure the dignity of the human person and the respect for a healthy and ecologically balanced environment. As it can be noted, this may be effective if efficient management of water resources is undertaken. The study also assesses relevant documents such as doctrine, jurisprudence and legislation, as well as intermediate products such as tables, graphs, thematic maps, all seeking to respond to the focal question of this thesis |
