O direito humano à água e ao meio ambiente ecologicamente equilibrado por meio da legislação municipal de preservação de recursos hídricos : o caso do município de Erechim- RS

Abstract

The thesis is part of the Environmental Law and Society Concentration Area, in the Environmental Law and New Rights Research Line and aims to investigate the contributions of municipal environmental legislation to guaranteeing the human right to water and the ecologically balanced environment, through the preservation of water resources. It aims to answer the following problem: environmental legislation nº 7.086/2022 of Erechim - RS induces water preservation practices and promotes the human right to water and an ecologically balanced environment? In order to answer the proposed question, the methodological and theoretical bases of the thesis are supported by the proposals of various authors and works that support the hypothesis that municipal environmental legislation plays a fundamental role in the onservation of water resources and, as a consequence, guarantees the human right to water and a balanced environment. Thus, the study presents the following Thesis: "environmental legislation No. 7.086/2022 of Erechim - RS induces water preservation practices and promotes the human right to water and an ecologically balanced environment". The work was structured in three chapters: The first contextualized the formation of the modern state, the recognition of human rights and their exercise in a consumer-centric society. The second chapter analyzed the formation of international environmental law, the judicialization of cases and the milestone established by the 1998 Constitution in recognizing the ecologically balanced environment as a fundamental right, which makes it possible to adopt an environmental pillar for the dignity of the human person. Finally, the last chapter discusses the Federal State, the process of decentralization of power that came with the Modern State and the move away from the Absolutist State, the demarcation of the socio-environmental-economic territory of Erechim, which made use of the supplementary competence to create the water resources conservation program and the analysis of the law to confirm or not the proposed Thesis. The hypothesis that municipal legislation induces practices that can guarantee, over time, access to the human right to water and an ecologically balanced environment was considered and confirmed through bibliographical research. It was not possible to carry out empirical research, given the still low number of "water producers" with the complete process (diagnosis) carried out. It is understood that it is possible to improve the legislative text by providing subsidies that recognize that it is not a question of the commodification of nature, that guarantee access to environmental information for those interested, adopt the use of nature-based service mechanisms to tackle environmental problems and, based on the theories used in the thesis, move forward with legislative changes. [resumo fornecido pelo autor]