O dever da transparência na proteção das águas urbanas

Abstract

The protection of urban water is a human right, like the constitutional rights to health, enjoyment, and to a healthy environment. Due to this fact, it is a fundamental right. Fundamental rights are known to create positive and negative duties. In other words, there is an obligation not to do and also the need for positive actions to be taken, especially by the state when the rules are not self-sufficient. It is evident, thus, that public policy has a central role in the enforcement of the law and the need for approximation of the law and the administrative sciences. This legal outline analyzes the juridic obligation of the public administration to be effective and transparent in urban watercourse public policy. It focuses on the public administration literature. The methodology used was a bibliographical review in the deductive modality. It was concluded, for the sake of effectiveness, that it is necessary to exercise caution when applying the law in court actions, at the risk of increasing the problem. Additionally, transparency is essential for the social controlling of public policies and can be a solution to increase their effectiveness.