Gestão de recursos hídricos da Paraíba: uma análise jurídico-institucional.

Abstract

The main purpose of this scientific investigation is to detect and contextualize the determining factors in the change of management patterns of water resources in the state of Paraíba as from the middle of the 1990s in the twentieth century by considering their judicial, institutional and cultural dimensions. Thus, data collected from the federal and state-related framework were analyzed including the strategies developed by the government in the management water process. Indeed, the specific objectives of this study is to contextualize and interpret hermeneutically the numerous aspects of this complex issue, to investigate the institutions and entities engaged in the water resources and to identify cultural changes in the implementation process of the state policy of water resources. Judicial and non-judicial documents as well as other relevant material in the process of the state water management were analyzed aiming to reach the goals of the research. The hermeneutic-systemic method was used to interpret the legal grant to use water resources, the fee charges for the water use in Paraíba, the State plan of water resources (version 1), the environmental public civil action (that in the conflict of Açude Epitácio Pessoa), the proposal to create the hydrological basin committee of Rio Paraíba, and the development process of the shares of Agência das Águas do Estado da Paraíba (AESA).The results showed that there has been a desconcentrating with relative centralizing process in the water resources management on the part of the Executive Power in the state of Paraíba and, despite the environmental public civil action brought against DNOCS by the Ministério Público (prosecuting counsel) to control the conflict on the water resource in Açude Epitácio Pessoa/Boqueirão is needed, it has been insufficient to control the numerous problems in the state water management. To have a water management system capable of ensuring a sustainable development in the state of Paraiba, it is suggested that there be a non-centralized process with an immediate implementation of mechanisms that could effectively involve the hydrological basin committees in the managing of the State water resources and that could guarantee the achievement of commitments under the legal instruments as well as the grant and fee charges with the accordance of the State Law no. 6.308/96 and Federal Law no. 9.433/97.