Revistes Publicacions URV: Revista Catalana de Dret Ambiental> 2020

The Need for Legal Improvement of Civil Liability for the Guarantee of the Human Right to Access to Water as an Essential Public Service in Brazil: An Analysis based on the São Paulo Water Crisis (2014-2016)

  • Identification data

    Identifier: RP:4226
    Handle: https://hdl.handle.net/20.500.11797/RP4226
    Authors:
    Garcia Batista Lima Moraes, GabrielaGiuriatto Ferraço, André Augusto
    Abstract:
    The management of the water crisis faces great complexity due to its causes and repercussions on the environment and individual rights. In Brazil, water supply can be understood as an essential service, insofar as it guarantees the right of access to water resources. To better clarify the public water supply service during the crisis and its effects on individual compensation claims, the study proposes an analysis considering the Brazilian legal context in the water crisis in São Paulo, between 2014 and 2016, to investigate what should be improved in water supply and legal liability in this case. The article aims to reinforce the legal structure of water management, to obtain better legal responses to cope with water crises. As a result, it is argued that transparency and coherence in public water regulation are key aspects for managing the water crisis and measuring legal liability. Compliance with these aspects ensures the safeguarding of the principles of continuity of essential services and the supremacy of the public interest in water services.

  • Others:

    Author, as appears in the article.: Garcia Batista Lima Moraes, Gabriela Giuriatto Ferraço, André Augusto
    Keywords: São Paulo water crisis
    Abstract: The management of the water crisis faces great complexity due to its causes and repercussions on the environment and individual rights. In Brazil, water supply can be understood as an essential service, insofar as it guarantees the right of access to water resources. To better clarify the public water supply service during the crisis and its effects on individual compensation claims, the study proposes an analysis considering the Brazilian legal context in the water crisis in São Paulo, between 2014 and 2016, to investigate what should be improved in water supply and legal liability in this case. The article aims to reinforce the legal structure of water management, to obtain better legal responses to cope with water crises. As a result, it is argued that transparency and coherence in public water regulation are key aspects for managing the water crisis and measuring legal liability. Compliance with these aspects ensures the safeguarding of the principles of continuity of essential services and the supremacy of the public interest in water services.
    Journal publication year: 2020
    Publication Type: info:eu-repo/semantics/publishedVersion info:eu-repo/semantics/article