A natureza real e contratual da outorga de direitos de uso de recursos hÃdricos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

The waterâs resource right of using granting â for any of finalities covered by 9.433 Law, January 1997 â enclosures a real right consolidated in one of the control facultyâs â the use â and, therefore, has efficacy against thirds, independent of landed propertyâs register, being enough to publish in official printing press. This real right is in the midst of many different juridical relations that include land possessing or owner, where water runs or is placed. And, according that waterâs resource came to be collectible â because of the economic value that this important natural resource has, today belonging to public sphere -, the grantingâs formal manifest will be possible by administrative contract, comparable to the use concession contract, with the help of analogical appliance of rules established at 271 Law Ordinance, February 28th, 1967, and not by using an authorization, like an administrative simple act, according to 9.984 Law, July 17th, 2000

ASSUNTO(S)

direito recursos hÃdricos natureza real natureza contratual outorga

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