Água: um direito humano fundamental multidimensional

Abstract

The genesis of this study is to support the dimension of essentiality of the recognition of water as a multidimensional fundamental human right. To support this understanding, it was initially presented supported by the national and foreign doctrine, an analysis of existence and/or immersion of planet Earth in a severe environmental crisis, which, among other consequences, also caused a water crisis, imposing to mankind the great challenge of overcoming the lack of accessibility to water for human consumption, considering the indispensability of this good to life in general, also asserting the importance of law as an instrument of control. Then, it is demonstrated by the example of the right to an ecologically balanced environment as a recognized fundamental human right, the possibility and plausibility of supportingbased on the constitutional clause opening, likewise, the existence of a fundamental right to water, emphasizing, however, the theoretical weakness of this defense from the perspective of legal positivism. Moreover, adds the theory of legal principles as developed by Ronald Dworkin, in order to demonstrate that the fundamental human right to water must be understood and treated as a legal principle and not just a legal rule, highlighting the differences in complexity and applicability of these distinct legal standards. Later, based on the theory of fundamental rights as formulated by Robert Alexy, highlighting the theoretical possibility of establishment, to depend on the practical case, the precedence relationship between the various existent fundamental rights, whether in the form of principles or rules. Lastly, is presented, based on global and regional data, the strict connection between the fundamental human right to water and others concretely recognized important fundamental rights, to support the precedence relationship of the undamentality of water for the realization of otherfundamental rights, helping to demonstrate the relevance of the recognition and realization of the fundamental human right to water.