PROTEÇÃO LEGAL DOS AQUÍFEROS DE MATO GROSSO DO SUL COMO FORMA DE BUSCAR SEU USO SUSTENTÁVEL

Abstract

The present study sought to analyze relevant aspects to be considered for the improvement of the legal protection of aquifers as a way to contribute to the preservation of groundwater and, by corollary, to its sustainable use in the State of Mato Grosso do Sul. Some of the steps taken to get there were to verify the access to water as a human right and the objectives of sustainable development; check the Federal Constitution of 1988 and water resources; verify the State Constitution of Mato Grosso do Sul and the water resources and verify the aquifers of Mato Grosso do Sul and their legal protection For this purpose, bibliographic research was used as a method for data collection, through the study raised in the theoretical framework on the constitutional right to the ecologically balanced environment provided for in Article 225 of the Federal Constitution and in Article 222 of the State Constitution of Mato Grosso do Sul before Law N. 2.406/2002 and Law N. 3.183/2006 with a view to the sustainable exploitation of aquifers in Mato Grosso do Sul. from the analysis of bibliographic data in comparison with the constitutional text on the right to the environment ecologically balanced, it has been possible to establish that environmental degradation of groundwater violates fundamental rights to the ecologically balanced environment, not only of present but also of future generations. In this scenario, the constant search for improvement of environmental legislation, particularly that of Mato Grosso do Sul, proves to be an essential measure for the protection of aquifers and, therefore, of water resources in general. Given these considerations, by means of the entire study, carried out in view of the doctrinal considerations presented, it was possible to confirm that the legal provision of preservation of aquifers, particularly those of Mato Grosso do Sul, is a guarantee of the right to the environment ecologically balanced and its non-compliance subject present and future generations to violations of their fundamental rights, but that constant improvement should be sought as an essential measure for the protection of aquifers and water resources in general.