Mercado das águas sob a óptica da lei federal 9.433/97: uma análise da água no ordenamento jurídico e como direito fundamental à vida.

Abstract

The protection of water resources finds legal support in the Federal constitution of 1988, as well as in Federal Law No. 9.433/97 and other infraconstitutional norms. However, with the advent of the Bill No. 495 of 2017, which seeks to introduce the water market in Brazil, promoting changes in the national water resources policy, there is an urgent need to rediscuss the management and management of water resources As an essential element to life and balance of the environment. Despite the innovations brought by the national water Resources policy regarding its management, it is necessary to seek greater legal protection in line with the principle of human dignity. From this perspective, the amendment to the Constitution No. 4 of 2018, which seeks to introduce water in the list of fundamental rights and guarantees of the Federal constitution of 1988, emerges. In this context there is a problem necessary to the development of the research: How are the water market guidelines established under the optics of the federal law 9.433/97 and its correlation as fundamental right to life in the legal order? As a method of approach will be used the deductive, the method of procedure will be the qualitative, and the research technique will be the exploratory, documental and bibliographic. There are many discussions about the introduction of the water market in Brazil, a theme that has been causing divergences between scholars and environmentalists, and which has largely been treated as unfeasible in Brazil, especially from a legal standpoint, Considering that the Federal constitution of 1988 seals the privatization of water. In this sense, it is concluded by the unconstitutionality of the bill N º 495 of 2017, as well as evidenced the latent need for the introduction of water in the list of fundamental rights and guarantees of the Federal constitution of 1988, through the amendment to the Constitution nº 04/2018, in addition to the awareness and participation of all society in the discussions surrounding the theme.