Changes in the paradigms for the use and occupation of the soil with a view to the necessary protection of the quality of groundwater / Mudanças de paradigmas no uso e ordenação do solo em face da necessária proteção da qualidade das águas subterrâneas

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This present work intends to discover the view of the subterranean waters within the Brazilian territory. Its primary chapters features a technical sketch with the intention of presenting to the law professional the world of hydrogeology. Also we demonstrate the vulnerability and existent contaminations which affect the hydro-subterranean springs. We have discussed the competence concerning legislating over the subterranean waters, bringing to a concession the PEC 43/00 which intends to withdraw from the State, transferring it to the Union, the responsibility of our springs. We have also worked on the constitutional responsibility of the ambient in the case of environment damage, obviously the subterranean waters. And finally, after having exposed the juridical and technical information on the theme, we came up to what would be kernel to our work, the discussion that made us search and study the subterranean waters seeking for a way to protect and preserve this precious environmental good. We realized that only through a paradigm shift in the soil usage and regulations we will find the ideal form of protecting and preserving the springs, because all contamination happens via soil, this way, once we manage the soil usage we are going to have an effective protection of the subterranean water quality. For that, our proposal consists on using the urban instruments to guarantee the quality of this strategic hydro-reserve. Thus, working on the law of the City Statute which assists the Principal (Main) Plan and zoning as management instruments, allied to the Soil Protection Perimeter, we have proposed a Special Environment Zoning with the objective of protecting the load and unload areas, flowering the water areas, restricting thus, the usage of the soil in those areas. This Zoning will occur in each Brazilian Town, which should meet its hydro-geologic potential, in order to behold in its Main Plan the restrictions for the Soil usage and occupation on the referred areas, avoiding this way future contaminations, as well as in the areas already occupied, it should be presented a diminishing action plans to avoid the occurrence of environmental damages and the subterranean waters jeopardize. Therefore, we have proposed changes on the laws of the City Statute to behold the Special Environment Zoning and in the National Politics law of the Hydro Human Resources In order to behold on its bulge, the subterranean waters; and, after we concluded, we complemented our work with the several appropriate legislations.

ASSUNTO(S)

groundwater meio ambiente environmental hidrogeologia ciências humanas uso e ordenação do solo proteção ambiental aquifero use and occupation of the soil Água subterrânea

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