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A NECESSIDADE DE UMA TUTELA MAIS PROTETIVA E EFICAZ SOB O ENFOQUE DE NOVOS PARADIGMAS

Abstract

Reflection of socio-environmental and political factors, such as the increase of urbanization, the excessive consumerism, population increase, the inadequate use of water, there is a serious condition of water crisis. It was realized the importance and finitude of the quality of this resource and the need to reevaluate and fortify its protection in the Brazilian context. This article aims to analyze the mais aspects of water regulation in the Brazilian legal system, with the intention of rethinking legal protection of water governance. The Federal Constitution of 1988 inaugurated the protection of water indirectly and was a milestone of considerable evolution, establishing that  water is a public property, providing treatment from river basins. The regulations provide for sustainability and rational use of water, and decentralized management that involves public authorities and society. However, there are technical and axiological limitations in water policy that often imply rigid management. It was noticed that there is little improvement in the crisis and a risk situation. The methodology used was the deductive method, with a qualitative approach to bibliographical research. It is concluded that some new approaches and legal inovations bring a reflection for the reformulation in the water governance,with changes in approaches, paradigms and methodologies, and that the recognition of water as a fundamental right can be relevant in this progress, as well as the consideration of supra-human rights. Therefore, processes interconnected with interdisciplinary knowledge are necessary in the public management o water.