Legal protection of cross-border water resources between Brazil, Bolivia and Paraguay

Abstract

The investigation of how the Brazilian state manages the upper Paraguay basin (BAP) is important to understand the process of preserving its water resources, shared by the Plurinational State of Bolivia and the Republic of Paraguay. In this way, the issue of access to water resources as a fundamental right was analyzed, as well as the constitutional protection of water in the laws of the countries that make up the BAP, and the international treaties in force. To achieve this objective, the dialectical method was used, seeking the regulatory frameworks for water resources in Brazil, Paraguay and Bolivia. Through this methodology, the legislation involved was raised, because it is for legality that the state seeks to protect the water basin, allowing the construction of knowledge with the “state truths”, recognizing the congruences and divergences existing between the states, taking into account taking into account the trajectory followed by these countries with regard to the question presented, going through the international treaties signed by the Brazilian state. The results obtained indicate that it would be necessary to implement a treaty as a way to foster state cooperation, aiming to achieve common objectives, without losing the sovereignty of the countries that divide the transboundary basin, as it is an international coverage basin, thus, to establish coordinated management policies, as well as to attribute legal responsibility to the States, with the duties of each entity.