A EFETIVAÇÃO DO ACESSO À ÁGUA POTÁVEL ENQUANTO DIREITO FUNDAMENTAL PELO ESTADO BRASILEIRO

Abstract

This paper seeks to understand the link between the recognition of access to drinking water as a fundamental right and its enforcement by the Brazilian State. Based on the importance of water for human existence, it analyzes how the lack of appropriate actions aimed at access to drinking water in Brazil hinders the effectiveness of the recognition of this fundamental right. In order to support the need to make access to drinking water effective as a fundamental right, it addresses the importance of water as an existential minimum for the guarantee of human dignity. It shows how the Food and Nutrition Security Law can, as an existential minimum, promote the human right to water. It also exposes how the new Latin American constitutionalism is paramount in the recognition of water as a fundamental right, starting from the ecocentric vision of the right to nature. In this conception, it promotes a reflection on the impossibility of treating water as a commodity, since it is an integral part of human nature. The objective of this monograph is to present the way in which the State's role in guaranteeing access to water as a fundamental right contributes to the eradication of hunger and poverty, promoting greater social equality. The methodology adopted was a bibliographic research of periodicals, books and legislation related to the theme of access to water.