Gestão de recursos hídricos, comites de bacia hidrográfica e o processo administrativo de arbitragem de conflitos pelo uso da água

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

The Law n 9.433/97 instituted the National Politics of Water Resources and created the National System for Water Resources Management. As article 38, interpolated proposition II, of this law, the arbitration in administrative lower court of conflicts related to the use of water resources is one of the abilities of the Committees of Basin. In function of this device, appeared the necessity of elaboration of a proposal of administrative proceeding of arbitration of conflicts related to the use of water resources to be developed by the Committees of Basin in the scope of its area of performance, so that this attribution can be developed in practical. In turn, the Laws n 9.307/96 (Law of Arbitration) and n 7.984/98 (that regulates the administrative proceeding in federal sphere) present elements able to be used to elaborate this proposal. For such, it was become fullfilled through the deductive method of boarding, a bibliographical, qualitative and not experimental research. It has as specific objective to understand as it comes giving the process of implementation of the legislation that deals with water resources in Brazil, to analyze the environmental conflicts by the historical and conceptual point of view, to identify public and private mechanisms of environmental conflicts resolution and auxiliary methods to these mechanisms, to analyze the Law n 9.307/96, and to study the principles, the concepts, the types and the stages of the administrative proceeding. As results, one got a proposal of administrative proceeding of arbitration of conflicts for the use of water resources to be developed by Committees of Basin and some subsidies to the regulation of this process. The existence of this forum destined to the conflict resolution for the use of water resources is, in last instance, a practical exercise of the sustainable development. For the fact of the Committees of Basin still not develop this ability, it consists in pioneering proposal that can contribute to drive on this practical.

ASSUNTO(S)

administrative proceeding processo administrativo committees of basin mediação arbitragem conflicts mediation arbitration recursos hídricos; bacias hidrográficas -aspectos ambientais; gestão ambiental comitês de bacia hidrográfica management of water resources gestão de recursos hídricos conflitos direito administrativo

ACESSO AO ARTIGO

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