The escazu agreement and its reflections on the brazilian water management in the light of a multilevel environmental system

Abstract

This article analyzes the implications of the Escazú Agreement on the legal regulation of water resources management in Brazil, based on the application of the multilevel environmental systems theory. To this end, this work investigates the relevance of the Escazú Agreement and the elements that are part of the principle of participation in the environmental field, also looking into the process of formal incorporation of the Agreement into the national legal system, and the consequences of it not being ratified, which hinders –but does not prevent –its insertion in the multilevel judicial governance. In this level, the article lists considerations regarding the theory of multilevel or “borderless” environmental law, based on the conception of the right to the environment as a human right. The methodology involves interdisciplinary research, with an epistemological orientation in critical theory, bringing together theory and practice in the articulation of Constitutional and Environmental Law with documental, jurisprudential and bibliographical analysis techniques, given the indispensability of judicial governance and the work of stakeholders. After comparing doctrine, legislation and facts, the article aims to present arguments that contribute to the implementation of the guiding principles of the Escazú Agreement in the legitimate water management, which includes the social and plural composition of the river basins management committees and the respective training required for this task.