Água como um bem comum: uma proposta de gestão integrada

Abstract

The water crisis, in addition to other factors, is a management crisis. The National Water Policy Law addresses the need to have an integrated management of the legal instruments present there, enabling decentralization and participation in decision-making levels, which, until today, has not happened in practice. When thinking about water as a common good, this lack of integration can make access to water unfeasible for many, which triggers a common tragedy. For this reason, this work questions whether it would be possible to achieve integrated management based on the precepts that guide the management of common goods. The objective is to demonstrate that the application of the principles of management of common goods and the institutional model developed by Elinor Ostrom, can help in the effectiveness of this normative guideline. Thus, through a qualitative and deductive research, which has a bibliographic review and document survey as a technical procedure, the concept of common good is presented, demonstrating that water fits into these conceptual criteria, enabling the use of IAD as a management model. Therefore, all levels of this IAD are analyzed, which are the meta-constitutional, constitutional, collective choice and operational levels. In addition, access to water is recognized as a fundamental human right and the legal management instruments legally provided for are analyzed. The role of the Basin Committee and the need to modernize water indicators based on the concept of virtual water are highlighted. It is concluded that it is possible to achieve an integrated water management through the realization of self-governed water, from the proposal presented for integrated water management as a common good.