A tutela jurídica da água como acoplamento entre o direito ambiental e sanitário

Abstract

The present thesis presents an approach on identifying the occurrence of structural coupling between operations of the Legal Environmental Subsystems and Legal Health of the Brazilian Legal System. Therefore, it was used quality water, safe for human consumption as an operation to understand if there are irritations between the structures of these subsystems. The Social Systems of Niklas Luhmann's are used as the base theory, in particular the Law as a Social System, for self-description of the subsystems in order to apply the comparison and identification of the irritations between the structures that cause the structural coupling. The method of systemic approach was used, intending as a comparison between the subsystems by performing twenty-four rules of self-referencing. Methods of Comparative and Functionalist Procedure and the techniques of Bibliographic and Legislative research were also used in order to verify the similarities and/or divergences and their functionality, allowing the identification of the operations and structures of each subsystem. The results demonstrated the occurrence of structural coupling between subsystems on the implementation of environmental protection and the implementation of health actions on the theme quality of water, by identifying the irritation of operations. It was evidenced that the coupled structures perform operations based on objectives, principles, guidelines and monitoring systems and control over the same object, about the intention of offering quality of life for the population, by means of processes and conditions that seek to guarantee quality of water; be it, in natural environment when of the use of natural resources or even on those providing water access services which aim to protect the water resources in order to provide the ways of managing and protecting its quality for different uses, and, consequently, the security for it to be safely provided for population consumption. Thus, the main hypothesis of this study was confirmed, that is, the occurrence of coupling operations on the structures of the Legal Environmental Subsystem, related to the quality of life of the Brazilian population by means of protection of the environment, and, of the Legal Subsystem of Health, as for the practice of prevention and control of health risk factors resulting in an environment that could cause prejudice to the quality of life of the population.