COBRANÇA PELO USO DE RECURSOS HÍDRICOS: UMA NOVA ABORDAGEM SOBRE AS COMPETÊNCIAS

Abstract

This article addresses the understanding of the Federal Supreme Court (STF) in the judgment
issued in ADI 3,336/RJ, about the competencies involved in the institution of Water
Charges - an instrument of the National Water Resources Policy. This is a new fact in the
management of water resources, which gives rise to reflections. According to the rules in
force, it is incumbent upon the National Water Resources Council (CNRH) to establish
complementary guidelines for the National Water Resources Policy implementation, the
application of its instruments and the performance of the National Water Resources Management
System (SINGREH). In carrying out this assignment, the CNRH has been filling
gaps related to the management of water resources by the Hydrographic Basin Committees,
especially those related to water resource plans, the water quality goals and the definition of
insignificant uses. However, this step has not yet been taken in relation to charging for the
use of water resources, whose proposition are responsibility of the Committees. In this scenario,
the Judgment object of the article brings important elements for a reassessment of the
CNRH on the water charge and on the effectiveness of the National Water Resources Policy.