A POLÃTICA NACIONAL DE RECURSOS HÃDRICOS E A ISENÃÃO DA COBRANÃA PELO USO DA ÃGUA NA BACIA DO RIO PARAÃBA DO SUL / NATIONAL POLICY FOR WATER RESOURCES AND THE EXEMPTION OF CHARGE FOR WATER USE IN THE BASIN OF THE PARAÃBA DO SUL RIVER

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This dissertation had the objective of analyzing and visualizing a mechanism to allow a financial support for the rural land owners to take care of the environment, especially, of the water resources. Nature offers us environmental resources that have been explored in a devastating way, always triggered by profit. The water resources should be preserved, considering that the water is a precious liquid for all living beings. Thus, the world community concerned with the shortage of the hydric resources, is setting goals for the survival of the present and future generations. Based on the French model, Brazil established the National Water Resources Policy that created a charging system for the use of the water resources. The values collected by the charging system should be used in the hydrographic basin where the collection occurred. The first charging system for the use of the water created in Brazil was for the Basin of Rio ParaÃba do Sul, which runs by the States of SÃo Paulo, Rio de Janeiro and Minas Gerais. However, it will be exempt of charge, small settlements that use the water for their own needs, as well as in the rural country, derivations, uptakes, disposals and accumulations of insignificant volumes of water. On the other hand, springs and other water bodies that run through rural properties should be protected by riparian forests. Without this protection, the water resources become jeopardized. While users from several sectors improve their economy with the use of water resources, sometimes even disposing contaminated water in the rivers; many land owners have the obligation of maintaining a sustainable environment. Thus, the objective of this dissertation is to analyze and to find means to protect the water resources, by giving incentives to the rural properties owners, based on financial aid to them to protect the water springs and take care of riparian forests. After analyses of the laws concerning the charging system it was observed that some doubts remains regarding the juridical nature of the charging for the water use. As a result, the exemption of collection is restricted, except for users that practice uptaking, consumption and disposal release considered insignificant. As the value to be charged was not imposed by the Legislative Power it cannot be considered a tribute, such as tax, government fee, and/or improvement contribution fee. In fact, for the ParaÃba do Sul River Basin, the charging system was based on a formula that represents the uptake, the consumption and disposal release, multiplied by a âpublic priceâ. This public price inserted in the formula is the juridical nature of this government fee collection. This way, all those that contribute to the protection of the water resources deserve to receive an amount in cash to continue to exercise the role of environmental resources protectors. Therefore, it can be concluded, that besides the protection of the water resources, the providers of the environmental services will be exempt of the collection and they, in addition, will receive a payment for the services rendered to the collectivity.

ASSUNTO(S)

conservacao de bacias hidrograficas bacia do rio paraÃba do sul recursos hÃdricos

ACESSO AO ARTIGO

Documentos Relacionados