THE RIGHT TO WATER AND TO HYDRIC SUSTAINABILITY IN THE BRAZILIAN LEGAL SYSTEM Eastern Cape, 03 – 07 July 2011 Heline Sivini Ferreira, PhD Maria Leonor.

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Presentation transcript:

THE RIGHT TO WATER AND TO HYDRIC SUSTAINABILITY IN THE BRAZILIAN LEGAL SYSTEM Eastern Cape, 03 – 07 July 2011 Heline Sivini Ferreira, PhD Maria Leonor Paes Cavalcanti, LLM Patryck de Araújo Ayala, PhD 9 th Annual Colloquium of the IUCN Academy of Environmental Law Water and the Law: Towards Sustainability

OBJECTIVE Brazilian water context Fundamental right to life and to live in an ecologically balanced environmental Fundamental right to water Hydric sustainability

WATER DISTRIBUTION WORLDWIDE

BRAZILIAN BASINS There are twelve hydrographic regions in Brazil. Source: Water National Agency

WATER SUPPLY IN BRAZIL

WATER AS A HUMAN RIGHT UN Resolution 64/294 In 2010 the General Assembly of the United Nation formally recognized water and sanitation as human rights.

WATER AS A HUMAN RIGHT Committee on Social, Economic and Cultural Rights General Comment n. 15 (2002) Availability Accessibility Quality Affordability

THE RIGHT TO A HEALTHY ENVIRONMENT Brazilian Federal Constitution, article 225 All have the right to an ecologically balanced environment. Which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.

THE CONCEPT OF ENVIRONMENT Act 6.938/1981 Environment means any/and or all of the conditions, laws, influences and interactions of a physical, chemical and biological nature, that permit, shelter and govern life in all its forms.

BRAZILIAN WATER LEGAL SYSTEM Act n /1997 Water National Policy Act n /2007 Sanitation National Policy

THE FUNDAMENTAL RIGHT TO WATER Water is a basic human need, which is directly related to the right to live. A healthy environment is a essential condition for living, and the water is part of this asset of common use. The right to water is a fundamental right.

HYDRIC SUSTAINABILITY? The Brazilian water legal system recognizes the minimum core of existence principle. HOW ABOUT ENFORCEMENT?

THE LACK OF ENFORCEMENT Coordination gap between Environmental Policies and Acts Flexibility of Environmental Policies and Acts Resistance from national courts to innovate

CONCLUSIONS Even without being expressly recognized by the Constitution, the right to water can be considered as a fundamental right in Brazil. The water Brazilian legal system seems to recognize the minimum core of existence principle. Despite facing enforcement problems, water is under protection in the Brazilian legal system and some courts have already recognized the importance of its maintenance to present and future generations. In this context, the minimum core of existence should be used to assure the fundamental right to water and reinforce water sustainability Brazil.