Conflitos pelo uso da água: papel mediador do Comitê da Bacia Hidrográfica do Lago de Palmas - TO

Abstract

Water is a necessary natural resource in all aspects of life, it is essential and its scarcity or degradation compromises the existence of one's life, violating human rights and protecting the environment. In view of the multiplicity of users and the absence of adequate management, numerous conflicts arise due to the use of water that end up being judicialized. However, environmental goods, because of their complexity, suffer from the slowness of the Judiciary in resolving conflicts, since many environmental damages are difficult or impossible to repair. Law 13.140 /15, established that it is the responsibility of the Judiciary to implement a public policy of adequate treatment of conflicts, either judicially or through other mechanisms for the solution of conflicts. In this scenario, mediation strengthens as an out-of-court mechanism to promote consensus, enabling dialogue among the actors involved. The new model of management of water resources regulated through the National Policy of Water Resources, advocates a greater openness to social participation in decision making. New instruments are created with the objective of acting as forums for deliberation and negotiation of the conflicts that arise through the use of water. This paper analyzes the role of basin committees as such instruments suitable for the negotiation of socio-environmental conflicts around water management. To do so, it initially addresses the historical aspects of the international, national and state legislations of Tocantins. Subsequently, it characterizes and raises data about the Lake of Palmas Basin. It then deals with the management of water resources and their instruments. It then analyzes the advantages of mediation applied to social and environmental conflicts. Finally, it suggests the creation of an Institutional and Legal Technical Chamber within the Watershed Committee, as a means of strengthening the mediating role of this deliberative body. The method used for the accomplishment of the article was the exploratory one, besides the technique of bibliographical research, such as, books, articles of the national and foreign doctrine on the subject.