O Direito À Água Como Um Direito Fundamental: Notas Comparativas Sobre a Sua Recepção Normativa Pelo Sistema Jurídico Brasileiro E Pelo Constitucionalismo Latino-americano
Year: 2021
Type: article
Abstract: The present article intends, in the light of the analytical-interpretative approach and eminently bibliographic research, to evaluate, comparatively, how the fundamental right to water is received by Latin American Constitutionalism, especially by the Constitutions of Ecuador (2008) and Bolivia (2009), and its current position in the Brazilian legal system, in the light of the Federal Constitution of 1988. Starting from the recognition of its indispensable role in human life, the work also intends to study the different conceptions that inhabit these two movements of reception: the first , inspired by the ethics of Buen Vivir, conceives water from a biocentric twist, denying it any aspect of merchandise, emphasizing the human-natural bond; the second, for its part, still interprets it under the narrow lens of an attenuated anthropocentrism, but exacerbated by the threat of neoliberal setback. Its concludes by highlighting that the guarantee of water as a fundamental right necessarily involves a deep respect for sustainability and nature fully considered.
Institution: Universidade de Caxias do Sul
Language: Portuguese
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7215637948