A fórmula do peso completa refinada de Robert Alexy aplicada aos conflitos pelo uso dos recursos hídricos em Minas Gerais
Brazil has a privileged position on the world stage considering the availability of water resources. However, numerous conflicts between multiple users were identified because of the increasing demand. In this context, it was examined the feasibility of balancing legal principles as a way to solve c...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277438 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 17, Nº. 2, 2016 (Ejemplar dedicado a: Espaço Jurídico Journal of Law [EJJL] | Quadrimestral), pags. 425-448 |
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| Summary: |
Brazil has a privileged position on the world stage considering the availability of water resources. However, numerous conflicts between multiple users were identified because of the increasing demand. In this context, it was examined the feasibility of balancing legal principles as a way to solve conflicts involving water resources use. A bibliographic study, with qualitative nature, was performed, including the application of Robert Alexy’s complete refined weight formula to the case of Paracatu river watershed, in the part placed on the Northwest region of Minas Gerais. In this case, there are colliding legal principles, as some users want to promote irrigation and industrial use, according to the principle of ensuring multiple uses; on the other hand, there is the necessity to prevent the depletion of water, for these same users and others who will come in the future, according to the precaution principle. As a result of the application of the formula, it was identified that the precaution principle has conditioned precedence, in this case, over the principle of ensuring multiple uses. Although the application of the complete refined weight formula does not obligate the decision of the watershed committee, it gives greater rationality to the decision process. Therefore, it is feasible balancing legal principles as a way to solve conflicts involving water resources use in Minas Gerais. |
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