A judicialização dos conflitos da irrigação na bacia hidrográfica Tocantins-Araguaia

Abstract

Water is a renewable natural resource that is nevertheless susceptible to scarcity and has multiple uses, including hydroelectric power generation, human consumption, and agricultural activities. Given the need for its proper management, Law No. 9,433/1997 established the National Water Resources Policy (PNRH). However, despite this legal framework, judicial disputes concerning water use for irrigation activities persist, revealing challenges related to the implementation and effectiveness of the policy's management instruments. In this context, the object of this study is to analyze the National Water Resources Policy from a legal perspective, considering its implementation and enforcement in judicial disputes involving water use for irrigation within the TocantinsAraguaia River Basin, as adjudicated by the State Courts of Justice and the Federal Regional Court of the 1st Region (TRF-1). The study aims to evaluate these judicial disputes in light of the implementation of the PNRH, identifying the main conflicts, examining the application of its management instruments, and proposing measures to strengthen their effectiveness. The methodology consisted of documentary research based on the analysis of judicial decisions issued by the selected courts, combined with a literature review. The findings revealed different categories of disputes, including the improper use of water resources, the need for public policies to mitigate environmental impacts resulting from accidents, challenges to integrated water resources management in accordance with the PNRH, delays in granting water use permits, and the need for greater integration between judicial decisions and water resources management.