Suspensão judicial das outorgas do direito de uso dor recursos hídricos da bacia hidráulica do açude de São Gonçalo, Sousa – PB: Uma análise jurídico-hídrica.

Abstract

The São Gonçalo-PB reservoir in the years 2012 to 2014 saw a considerable decrease in the volume of stored water, due to the low rainfall levels observed in this period. In this sense, the Federal Public Prosecutor's Office, in identifying the area as having a high water risk, determined the water management bodies to suspend administrative concessions granted by the National Water Agency, which culminated in the filing of a lawsuit. The aim of this research is to investigate the legal, water, social and economic effects and consequences of the judicial suspension of the right of use of water resources by users around the São Gonçalo dam in Sousa-PB, mainly to pursuant to Law No. 9.433 / 97. The subject also addresses the political-administrative action of the management bodies through a normative interpretation on the documents and manifestations of the subjects involved, which compose the records of the Public Environmental Civil Action nº 0800346-80.2014.4.05.8202, which was processed in the 8th Federal Court of the Judicial Branch of Sousa-PB. In this context, the aforementioned lawsuit was duly preceded by a Preparatory Procedure in which the Federal Public Prosecutor's Office found inadequate water management in the area studied by the competent bodies. In this tunnel, the Federal Parquet was required to file an emergency judicial appeal in favor of the National Water Agency and the National Department of Works against Drought (DNOCS). The methodology used was based on the use of the deductive and historical-evolutionary methods, through the technique of bibliographic research and also the field research, started with an exploratory documentary investigation, comprising the period between the year 2013 and the present day. Also, as a research technique, the technique of content analysis was used. As a result, the passive legitimacy of the bodies involved in this lawsuit was evidenced, with the consequent partial origin of the author's request to determine the obligation to do before the respondent bodies. It was also noticed that the thesis of invasion of the Judiciary to the field destined exclusively to the Administration no longer receives, since the understanding in the Brazilian Courts is already sufficiently consolidated, that in exceptional cases, such a measure is imposed as a way of evidencing the principles inscribed in art. 37 of the current Constitutional Charter, and which should guide the performance of the Public Administration.