Regime jurídico e políticas públicas de águas no direito internacional e brasileiro: rumo a estatuto privilegiado?

In this article is discussed the challenges of establishing a peculiar and privileged legal statute for water in the international and Brazilian law, from a socio-juridical perspective. At the international level, international law on transboundary waters and the declaration of water as a human right are discussed; at the national level, in addition to characterizing the ruling law, it is intended to distinguish the main obstacles to the realization of a privileged status for waters. It seeks to demonstrate the need to translate the existential previousity of water and its essential character in normative and public policy terms, in order that these correspond to the exosystemic fundamentality of water, which still does not occur today. The methodology used consists of the socio-legal analysis of the normative instruments and respective public policies from the perspective of socio-environmental complexity and vulnerabilities. The results point to the need to strengthen and increase the normative and interpretative legal framework for water and related public policies based on innovative, cooperative and consistent local or global practices from a legal and socio-environmental perspective. [ABSTRACT FROM AUTHOR]