O direito à cidade ecológica: análise dos mecanismos normativos de integração das políticas de saneamento básico e de recursos hídricos para a recuperação dos igarapés de Manaus

Abstract

Manaus is a city located within the largest hydrographic basin on Earth, the Amazon Basin; however, it experiences severe environmental externalities, notably the systematic degradation and pollution of its urban streams (igarapés). Issues such as the discharge of sewage into stormwater networks have aggravated water pollution for decades. Additionally, urban paving has advanced in these areas, suppressing natural waterways and vegetation, while the drainage system presents a critical scenario, marked by recurrent flooding and its related urban impacts. This dissertation aims to examine the right to the city from the perspective of the right to an ecologically balanced environment, with emphasis on the governance of rivers in urban areas. The analysis focuses specifically on the treatment of Manaus's igarapés as an expression of the right to an ecological city, through the examination of the legal framework for integrating the State Water Resources Policy and the Municipal Basic Sanitation Policy, an essential foundation for sustainable water governance. The study assesses how the normative structure provides mechanisms for integration, identifying the legal instruments that enable such articulation. It addresses the historical development of water and sanitation regulation in Manaus, evaluating the prevailing paradigm for managing urban rivers and the legal evolution that has supported the environmental protection and sustainable management of these water bodies. Pursuant to the environmental principle enshrined in the Constitution of the Federative Republic of Brazil of 1988 (CRFB/1988), Federal Law n. 9.433/1997 consolidates the foundations of the current paradigm of water resources governance and enshrines the directive of integrating sanitation and water policies as a guiding and structuring principle of public action. Likewise, Federal Law n. 11.445/2007 acknowledges the necessity of linking sanitation to water resource management. The study further analyzes the State’s political-administrative organization, legislative competencies, and the legal framework of each policy as a fundamental premise for examining the mechanisms of normative integration. The methodology is bibliographic and qualitative in nature, involving consultation of legislation and legal doctrine. A deductive approach was adopted. The dissertation is structured in three chapters, each subdivided into specific subtopics. In the end, the research hypotheses are relatively confirmed.