ACORDO DE ESCAZÚ E DEMOCRACIA AMBIENTAL NA GOVERNANÇA DAS ÁGUAS DO RIO MAMORÉ VERSUS EXPANSÃO ENERGÉTICA

Jose Irivaldo Alves Oliveira Silva; Leonardo Leite Nascimento; Talden Farias

doi:10.1590/SciELOPreprints.6933

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Jose Irivaldo Alves Oliveira Silva Universidade Federal de Campina Grande https://orcid.org/0000-0002-0022-3090
Leonardo Leite Nascimento Federal University of Paraíba https://orcid.org/0000-0002-8502-2748
Talden Farias Federal University of Paraíba

DOI:

https://doi.org/10.1590/SciELOPreprints.6933

Keywords:

International river, Pan-Amazon, Environmental democracy, Water governance, Mamoré River

Abstract

This proposal brings the perspective of popular participation rights in decisions on the use of the waters of the Mamoré River, aiming at its governance and water security in the face of the social and environmental risks of the binational hydroelectric project, between Brazil and Bolivia, under study. The aim is to: 1) Verify the right to use international rivers and certain decisions on conflicts over the use of transboundary waters; 2) Evaluate environmental democracy in water governance in Pan-Amazonian rivers; and 3) Analyze how the Escazú Agreement can contribute to guaranteeing environmental democracy in decisions on the use of waters from the international Mamoré River in relation to the binational hydroelectric development project planned in the Madeira Complex. To achieve reconciliation between development and the environment in the Pan-Amazon, it is necessary to limit the global forces of exploitation of existing environmental assets, including the use of water resources to generate electrical energy.

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Author Biographies

Jose Irivaldo Alves Oliveira Silva, Universidade Federal de Campina Grande

Associate Professor at the Federal University of Campina Grande. He was a visiting professor at the University of Alicante. Post-doctorate in Law from the Federal University of Santa Catarina. Post-doctorate in Water Management from the University of Alicante, Spain. Post-Doctorate in Regional Development from the State University of Paraíba. Post-Doctoral Fellow at the René Rachou Institute, Fiocruz Minas Gerais in the Privaqua research group. Doctor in Social Sciences. PhD in Law and Development. CNPq Productivity Researcher, level 2. Master in Sociology. Deputy Editor of Ambiente & Sociedade. Specialist in Management of Public Organizations. Specialist in Business Law. Graduated in Legal Sciences. Collaborating professor of the Master's in Public Administration, permanent in the Master's in Management and Regulation of Water Resources, both at UFCG, permanent in the Master's in Regional Development, from UEPB and in the Postgraduate Program in Legal Sciences at UFPB, Master's and Doctorate. Member of the WATERLAT research network. Researcher at the JUST-Side Network (Iberoamerican Science and Technology Program). Member of the Brazilian Society of Intelligent Design. Member of IUCN (International Union for Conservation of Nature) WCEL (World Commission on Environmental Law).

Leonardo Leite Nascimento, Federal University of Paraíba

PhD in Human Rights and Development from the Postgraduate Program in Legal Sciences at the Federal University of Paraíba (PPGCJ/UFPB). Master in Environmental Law from the State University of Amazonas (2016). Specialist in Labor Law and Labor Process from the University of Southern Santa Catarina (2015) and in Business Logistics from Universidade Gama Filho (2007). Bachelor of Law from the State University of Amazonas (2012) and in Administration from the University of Southern Santa Catarina (2009). He has experience in Higher Education, as a professor of the Bachelor's Degree in Law and the Higher Course in Logistics Technology, and in Public Administration, in logistics and environmental management and in legal advice on the environment in the context of public works. Currently, he is developing research related to the relevance of public participation in water governance in the Pan-Amazon in accordance with the Escazú Agreement and in the face of climate change, with an emphasis on the following categories: a) Governance and water security in the use of river waters international; b) Risks of transboundary environmental impacts in the face of development projects; and c) Environmental democracy in decisions on the use of international river waters. In addition, it also studies the following themes: a) The constitutionalization of the rights of nature and the recognition of the legal personality of an environmental asset; b) Constitutional protection of the environment; and c) Environmental licensing and the effectiveness of the precepts of environmental policies (National Environmental Policy, National Water Resources Policy, National Solid Waste Policy and National Policy on Climate Change).

Talden Farias, Federal University of Paraíba

Graduated in Law from UEPB, Master in Legal Sciences from UFPB, PhD in Natural Resources from UFCG and PhD in Law from UERJ (with distinction), having completed a sandwich PhD internship at the University of Paris 1/Pantheón-Sorbonne (CAPES-COFECUB scholarship ). Post-Doctorate in City Law from UERJ. Lawyer and professor of Environmental Law at UFPB and UFPE (undergraduate and postgraduate). He is the author of the books ?Environmental licensing: theoretical and practical aspects? (8th ed. Fórum, 2022), "Environmental administrative competence" (2nd ed. Lumen Juris, 2022), "Introduction to environmental law" (Del Rey, 2009) and ?Environmental law: special topics? (UFPB, 2007), in addition to several scientific articles and book chapters. He is the organizer of several works, such as "Updated environmental law" (2nd ed. RT, 2021), "Urban planning for renewable energies: Franco-Brazilian dialogues" (Edit, 2016) and "Environmental law: the environment and contemporary challenges" (Fórum, 2010).