Direito à água: um direito humano de três dimensões

Abstract

The purpose of this article is to demonstrate that the right to water is the material right of all individuals and the duty of the State, (since) water, one of the main environmental resources, is a vital good with multiple uses, that is, it is essential for the subsistence of life on Earth, and thus, it must be protected for present and future generations, since it is an irreplaceable resource. The preservation of the resource is fundamental to ensure its use in a conscious way and its provision with quality for all, in order to reverse the serious situation in which a large part of the community is found, which has its health affected by the consumption of polluted water. In fact, it turns out that the solution to the healthy quality of life and the attainment of the dignity of the human person is the affirmation of the right to water, which can assure everyone the right of access. With regard to the right to water, related to the right to basic sanitation, its universal recognition as a human right is stressed through UN Resolution 64/292. This right came close to being legally considered a social good and in the public domain, taking into account the Proposed Amendment to the Constitution, which was processed in the National Congress. The formal recognition of access to water as a social right and property of public domain is being object of Constitutional Amendment Proposals - PECs in the National Congress. Thus, the realization of the right to water, and the connection of the right to sanitation, guarantee a greater life expectancy of individuals through the consumption of the good under appropriate conditions. In this sense, it is clear that water encompasses the three dimensions of law, since its deprivation affects other fundamental rights, such as life (1st dimension), health (2nd dimension) and the environment (3rd dimension). Right now, it is of the utmost importance to ensure the supply of water in sufficient quantities and of good quality, in a continuous way so that the supply of the needs of each individual is ensured, respected and protected by the Public Power.