O acesso à água potável como direito fundamental no Brasil: um estudo sobre sua evolução, implicações jurídicas e desafios para sua implementação à luz da PEC 6/2021

Abstract

Water is a natural element that is essential to life, being a liquid composed of hydrogen and oxygen, without color, smell or taste, transparent in its pure state, and multifunctional, as it is used in energy generation, human supply and agriculture. The general objectives of this work are to trace the evolution of the discussion on this issue in the parliamentary and social spheres, as well as the legal effects and impacts on society of a possible entry into force of Proposed Amendment to the Constitution No. 6/2021, listing access to drinking water among the fundamental rights. Added to this are the specific objectives, which analyze the theory of fundamentality, pointing out the theoretical foundations of fundamental rights in a constitution. They also examine the social problems associated with basic sanitation, water management and distribution in Brazil and the extent to which these would be addressed by the potential entry into force of PEC 6/2021. The methodology used has an explanatory approach. As such, it is theoretical in nature, based on a bibliographical review of works, Brazilian legislation and case law. After all, it is conducted through bibliographical research, with the aim of tracing the evolution of the effects of the matter in question, in addition to documentary research of the related legal norms.