Outorga de uso de água para agricultura: disciplina jurídica

Abstract

Does the granting of water use under Law 9.433/97 reflect the public-private conflicts in the process of validation of the appropriation of water resources? The objective is to demonstrate legitimate formulas of water appropriation from the apparently public discipline directed to the right put. The research has a theoretical and empirical character, with a qualitative and critical methodological approach and the use of mixed methods. It was assumed that the understanding of the legal assimilation of water requires complex focus. Are approached emergence of the current legal water standards and their construction; the Brazilian water laws is presented hierarchically, from the constitutional level to the granting of water use in the normative repertoires infralegal; the water conflict in the countryside is conceived as a kind of class struggle for land. Hence the theoretical reference in the distinction between use-value and exchange-value as a focus for the understanding of the commodification of nature; the conception of the legal norm as mediator of the attacks by the appropriation of the right and the insertion of the water in land marks of the earth. It was verified that a formula of legal protection that validates the private control of water resources was verified.