A proteção do direito fundamental à água em perspectiva internacional e comparada

Translated title of the contribution: The Protection of the fundamental right to water in international and comparative perspective

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Abstract

Purpose - Analyzing the adjudication of the constitutional right to water in comparative law and its theoretical and practical implications. Methodology/approach/design - A theoretical and jurisprudential analysis of the standards of reasonableness, the minimum core and proportionality, used in different jurisdictions for adjudicating claims grounded in the constitutional right to water. Findings - The advantages and disadvantages of reasonableness, the minimum core and proportionality as standards for adjudicating the constitutional right to water. Practical implications - The article shows that the adjudication of the employment of the principle of proportionality is the best comparative practice concerning the adjudication of the constitutional right to water. Originality/value - The text fills a gap on the topic, especially in light of the problems arising out of localized water crises or economic, social or legal disputes over water use in scenarios of scarcity.
Original languagePortuguese
Pages (from-to)1-38
Number of pages38
JournalJournal of law and regulation = Revista de Direito Setorial e Regulatório
Volume1
Issue number2
Publication statusPublished - 2015

Bibliographical note

Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

  • Constitutional right to water
  • Comparative law
  • Reasonableness
  • Minimum core
  • Proportionality

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