Projeto de Integração do Rio São Francisco com bacias hidrográficas do nordeste setentrional - PISF: o custeio da manutenção e da operação pelos estados destinatários e a garantia do direito humano à água e ao desenvolvimento - análise a partir do Estado da Paraíba

• Ano de defesa: 2022
• Autor(a) principal: Soares, Aendria de Souza do Carmo Mota
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Transposição do Rio São Francisco; Infraestrutura hídrica; Direito econômico; Direito humano à água e ao desenvolvimento; Tarifa; Transposition of the São Francisco River; Water infrastructure; Economic law; Human rights to water and development; Tax; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/26163

Among the various public policies aimed at the issue of drought and its effects in the Northeastern region of Brazil, there is the São Francisco River Integration Project with Hydrographic Basins of the Northeastern region-PISF, which aims to provide water security and promote economic and social development in the states of Ceará, Paraíba, Pernambuco and Rio Grande do Norte. The construction defrayment of the work was borne by the State; however, the defrayment of operation and maintenance will have to be assumed by the benefited states. The assumption of this defrayment was a requirement for the construction of the work to begin, that guarantees were given, such as the transfer of tariffs for raw water to the system operator and the establishment of tariffs on water users in these States. However, given the indispensability of water to life and to the entire production process, its defrayments can compromise the guarantee of human rights to water, development and the economic and social rights of its inhabitants. Thus, the following research problem was proposed: the way of defrayal of the operation in this way, the following study problem was proposed: will the way of funding the operation and maintenance of the PISF, from the perspective of economic law, the reasons for carrying out this work and the socioeconomic condition of the region to which it is intended be sustainable, including in the long term, and will it not harm the human rights to water and development? The state of Paraíba was delimited as a field of analysis. The starting point was the hypothesis, which was confirmed at the end, that the way in which the PISF is costed for operation and maintenance would be harmful to the human rights to water and development and contrary to economic law and express constitutional precepts. The general objective of the research was to understand, from the analysis of the state of Paraíba, the effects of the PISF operation and maintenance costing on the human rights to water and development in line with the precepts of economic law and the Constitution from 1988. Due to the research object and its contemporaneity, it fits into the legal-sociological aspect; of a qualitative nature and consists of an empirical research, the protocol and principles of the single case study strategy were applied, with the adoption of procedures for collecting bibliographic and documentary research, 3 participant observations, 2 non-participant observations and 15 semistructured interviews. Content analysis methods were used, with the adoption of a priori and non-a priori thematic categories, using data triangulation and, together, the substantial analytical method of economic law, which, applied to the results obtained, led to the conclusion that the method of funding the PISF will only be sustainable and concerning the human rights to water and development through state actions that promote the population's awareness of the use of water; fair and efficient management of the work, for which water planning is essential; the realization of cooperative federalism; carrying out economic planning for development and applying the principle of economy and the rules of economic law of balance, social interest and the primacy of reality.