Modelo de gestão compartilhada de bacias hidrograficas e hidrogeologicas : estudo de caso - Aquifero Guarani / Shared management model of river basins and groundwater : a case study - Guarani Aquifer




This thesis attempts to bring the issue of management of water resources in Brazil emphasizing the groundwater, and promoting ideas and proposals for appropriate improvements on the management of these resources. Furthermore, it tries to contributing to the sustainable development and rational use of water availability. Thus, from the study of Federal Constitution, that assigns to States and Federal District the surface water or groundwater, and Federal Law no. 9.433/97, which deals with management of these resources, proposals were emerging to implement and formulate public policies able to promoting the effective management of groundwater. Guarani Aquifer, a large underground reservoir that covers four Mercosul countries, is very important on a socio-economic way due to the lack of available surface water quantity and quality. Then, one of the aims of this study was to examine the actual risk of contamination of this Aquifer, as well as the management of hydric resources in Brazil, especially on Guarani Aquifer System. For it, the key was to examine the emergence and development of various doctrinal trends that in recent decades sought to contribute to the awareness of the theoretical and practical discussion and modification of values and attitudes in search of a more democratic and creative vision of law. In this context, the aim of this thesis was the proposal for recasting the constitutional gadget that governs the State domain of groundwater (Federal Constitution, Article 26, paragraph I), recovering the arguments specified in the Proposal of Constitutional Amendment no. 43 / 2000, transferring, thereby, the domain of aquifers to the Federal Union


recursos hidricos aguas subterraneas - legislação aquiferos politicas publicas mining legislation hydrologic resources groundwater legislation aquiferous public policy legislação mineral

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