scholarly journals A EXTRAFISCALIDADE E A TRIBUTAÇÃO DOS SERVIÇOS DE FORNECIMENTO DE ÁGUA POTÁVEL: POSSIBILIDADES E ALTERNATIVAS

2017 ◽  
Vol 8 (2) ◽  
pp. 38
Author(s):  
Paulo Antônio Caliendo Velloso Da Silveira ◽  
Paola Mondardo Sartori

Sem a água o corpo humano não sobrevive. Não apenas a espécie humana, mas todos os seres vivos necessitam de água para o funcionamento do seu organismo, seja ele animal ou vegetal. À vista disso, e considerando a problemática atual da escassez de água no país e o recente reconhecimento pela ONU do direito à água potável como um direito humano, fica evidente a urgência na busca por meios de preservação deste elemento indispensável para a manutenção da vida. A tributação com finalidade extrafiscal do fornecimento de água potável é uma dentre as opções de ações governamentais que poderia ser utilizada com objetivo de salvaguardar bem tão precioso. Entretanto, indispensável uma análise mais aprofundada sobre as espécies de tributos possíveis para cumprir esta função, principalmente no que tange às suas vantagens e desvantagens, razão pela qual o presente estudo se demonstra necessário.Palavras-chave: Água. Tributação. Extrafiscalidade. Direitos fundamentais. Sustentabilidade.Abstract: Without water the human body does not survive. It is not just the human species, but all living things need water, animal or vegetable. Having that in mind, and considering the current problem of water scarcity in the country and the recent recognition by the UN of the human right to water and sanitation, it is evident the urgency in the search for ways to preserve this element that is indispensable for maintaining life. The extra-fiscal taxation of the supply of drinking water is one of the many options for governmental actions that could be used with the purpose of safeguarding so precious good. However, a more in-depth analysis of the possible tributary types to fulfill this function is essential, especially as regards their advantages and disadvantages. Keywords: Water. Taxation. Extrafiscality. Fundamental rights. Sustainability

Author(s):  
Celso Maran de Oliveira

Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.


2020 ◽  
Vol 2 (59) ◽  
pp. 155
Author(s):  
Regina Vera Villas BOAS ◽  
Ivan Martins MOTTA

RESUMO Objetivo: O objetivo do trabalho é tratar da proteção jurídica da água potável, refletindo sobre a eficiência e/ou eficácia constitucional, legislativa e jurisprudencial da proteção ambiental, trazendo fundamentações contidas nas decisões judiciais, materializadoras da justiça socioambiental, e trazendo à razão, questões sociais e jurídicas atuais sobre o consumo excessivo desse imprescindível e finito recurso natural. Metodologia: A partir de pesquisa documental, utiliza o método dedutivo para, valendo-se dos ensinamentos doutrinários, legislativos, jurisprudenciais e constitucionais, extrair conclusões sobre a importância dos recursos hídricos, em especial, da água. Resultados: Considerando que a água potável é recurso natural, bem ambiental e direito humano fundamental, o acesso e o consumo sustentável da água potável pertencem a todos, sendo dever do Estado e da sociedade promovê-los, prestando atenção às situações de escassez dos recursos vividas pelos vulneráveis. Logo, o ordenamento jurídico e os Poderes da República devem contar com legislação, decisões dos tribunais e políticas públicas protetivas ambientais, garantindo a salvaguarda da água (potável). Contribuições: A pesquisa traz à baila notas importantes sobreo avanço do direito ambiental, considerado por várias constituições como um direito humano e fundamental, afirmando que a proteção do meio ambiente vem sendo colocada em risco por setores políticos, econômicos e sociais, que violam conquistas já materializadas, cometendo retrocessos nas garantias dos direitos fundamentais e violando o princípio da proibição do retrocesso ambiental. Palavras-chave: Água potável; recursos hídricos; tutela jurídica ambiental; direito humano fundamental. ABSTRACT Objective: To deal with the legal protection of drinking water, reflecting on the constitutional, legislative and jurisprudential efficiency and/or effectiveness of environmental protection, bringing the foundations contained in judicial decisions, materializing socio-environmental justice, and bringing to the questions current social and legal issues regarding the excessive consumption of this essential and finite natural resource. Methodology: Based on documentary research, it uses the deductive method to, based on doctrinal, legislative, jurisprudential and constitutional texts, have conclusions about the importance of hydric resources, especially water. Results: Considering that drinking water is a natural resource, an environmental asset and a fundamental human right, access to and sustainable consumption of drinking water belongs to all, being then duty of the State and society to promote them, paying attention to situations of scarcity of resources experienced by the vulnerable. Therefore, the legal system and the Powers of the Republic must have legislation, court decisions and public environmental protection policies, guaranteeing the safeguarding of (drinking) water. Contributions: The research brings up important notes about the advance of environmental law considered by several constitutions as a human and fundamental right, stating that the protection of the environment has been put at risk by political, economic and social sectors, which violate achievements already materialized, causing setbacks in the guarantees of fundamental rights and violating the principle of prohibition of environmental setbacks. Keywords: Drinking water; hydric resources; environmental legal protection; basic human right


2017 ◽  
Vol 2017 ◽  
pp. 1-7 ◽  
Author(s):  
Yulia Tunakova ◽  
Svetlana Novikova ◽  
Aligejdar Ragimov ◽  
Rashat Faizullin ◽  
Vsevolod Valiev

Models that describe the trace element status formation in the human organism are essential for a correction of micromineral (trace elements) deficiency. A direct trace element retention assessment in the body is difficult due to the many internal mechanisms. The trace element retention is determined by the amount and the ratio of incoming and excreted substance. So, the concentration of trace elements in drinking water characterizes the intake, whereas the element concentration in urine characterizes the excretion. This system can be interpreted as three interrelated elements that are in equilibrium. Since many relationships in the system are not known, the use of standard mathematical models is difficult. The artificial neural network use is suitable for constructing a model in the best way because it can take into account all dependencies in the system implicitly and process inaccurate and incomplete data. We created several neural network models to describe the retentions of trace elements in the human body. On the model basis, we can calculate the microelement levels in the body, knowing the trace element levels in drinking water and urine. These results can be used in health care to provide the population with safe drinking water.


2020 ◽  
Vol 53 (3) ◽  
pp. 286-308
Author(s):  
Yves-Junior Manzanza Lumingu ◽  
Dieu-Merci Ngusu Masuta

With almost half of the continental water supply, the Democratic Republic of the Congo (DRC) still ever remains one of the countries with relatively a low access to safe drinking water for the population. It is this paradox that this paper aims to analyze. The main question is about the real impact of the constitutional recognition of a right of access to safe drinking water and the role of the public authorities in the implementation of this human right. The exercise consists and proceeds by a brief explanation and analysis of the content and implications of what should be considered as a “right of access to safe drinking water” before standing on the evaluation of the roles of different and main public actors involved in the process of implementing this right. It emphasizes on the three classic Institutions of the State, excluding, however, under the bloc of Executive Power, the President of the Republic who has a residual regulatory power. If the legislative and executive Powers show some weaknesses in the implementation of this right, not only because of the delay which characterizes their various actions, but also and especially because of a notorious absence of a political implication, the judicial Power seems to be actually inactive although the great mission of protecting and guaranteeing fundamental rights and public liberties that the Constitution has assigned to it. However, this attitude should not be ascribed to the judicial Power, noticing an alarming lack of a culture to claim on behalf of the population which is its beneficiary. Thus, in spite of the nature of this right which subjects it to the principle of "progressive execution", it cannot be allowed any inaction, delay or fitful and insufficient interventions on behalf of those public actors which should really take an advantage of all potentialities of this country to provide Congolese people with a safe drinking water supply.


Author(s):  
Sarah Song

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.


2010 ◽  
Vol 18 (3) ◽  
pp. 329-345
Author(s):  
Hubert Markl

The reason why I wavered a bit with this topic is that, after all, it has to do with Darwin, after a great Darwin year, as seen by a German scientist. Not that Darwin was very adept in German: Gregor Mendel’s ‘Versuche über Pflanzenhybriden’ (Experiments on Plant Hybrids) was said to have stayed uncut and probably unread on his shelf, which is why he never got it right with heredity in his life – only Gregory Bateson, Ronald A. Fisher, and JBS Haldane, together with Sewall Wright merged evolution with genetics. But Darwin taught us, nevertheless, in essence why the single human species shows such tremendous ethnic diversity, which impresses us above all through a diversity of languages – up to 7000 altogether – and among them, as a consequence, also German, my mother tongue, and English. It would thus have been a truly Darwinian message, if I had written this article in German. I would have called that the discommunication function of the many different languages in humans, which would have been a most significant message of cultural evolution, indeed. I finally decided to overcome the desire to demonstrate so bluntly what cultural evolution is all about, or rather to show that nowadays, with global cultural progress, ‘the world is flat’ indeed – even linguistically. The real sign of its ‘flatness’ is that English is used everywhere, even if Thomas L. Friedman may not have noticed this sign. But I will also come back to that later, when I hope to show how Darwinian principles connect both natural and cultural evolution, and how they first have been widely misunderstood as to their true meaning, and then have been terribly misused – although more so by culturalists, or some self-proclaimed ‘humanists’, rather than by biologists – or at least most of them. Let me, however, quickly add a remark on human languages. That languages even influence our brains and our thinking, that is: how we see the world, has first been remarked upon by Wilhelm von Humboldt and later, more extensively so, by Benjamin Whorf. It has recently been shown by neural imaging – for instance by Angela Friederici – that one’s native language, first as learned from one’s mother and from those around us when we are babies, later from one’s community of speakers, can deeply impinge on a baby’s brain development and stay imprinted in it throughout life, even if language is, of course, learned and not fully genetically preformed. This shows once more how deep the biological roots are that ground our cultures, according to truly Darwinian principles, even if these cultures are completely learned.


Energies ◽  
2020 ◽  
Vol 13 (5) ◽  
pp. 1164 ◽  
Author(s):  
Indre Siksnelyte-Butkiene ◽  
Edmundas Kazimieras Zavadskas ◽  
Dalia Streimikiene

Different power generation technologies have different advantages and disadvantages. However, if compared to traditional energy sources, renewable energy sources provide a possibility to solve the climate change and economic decarbonization issues that are so relevant today. Therefore, the analysis and evaluation of renewable energy technologies has been receiving increasing attention in the politics of different countries and the scientific literature. The household sector consumes almost one third of all energy produced, thus studies on the evaluation of renewable energy production technologies in households are very important. This article reviews the scientific literature that have used multiple-criteria decision-making (MCDM) methods as a key tool to evaluate renewable energy technologies in households. The findings of the conducted research are categorized according to the objectives pursued and the criteria on which the evaluation was based are discussed. The article also provides an overview and in-depth analysis of MCDM methods and distinguishes the main advantages and disadvantages of using them to evaluate technologies in households.


2014 ◽  
Vol 1003 ◽  
pp. 230-234
Author(s):  
Feng Long Fan ◽  
Xu Li ◽  
Xu Sheng Yu ◽  
Li Wang

With the development of computer technology, especially the rapid development and extensive application of database technology and computer network technology, the data quantity increases sharply, the accumulation of a large number of data in various fields, and rising fast. Enterprise database or data warehouse has stored a large number of customer data, these data include many aspects of the information of customers, but also contains the advantages and disadvantages of the enterprise operation. If we can use these data quickly, efficiently in-depth analysis and research, to find the rules and modes, to obtain the necessary knowledge from it, will help enterprises to better decision making. The system can successfully excavate students and staff of the tendency of consumption and consumption habits, analyze their satisfaction with each restaurant. The results of system analysis to a certain role for school students and teachers to understand and analyze the condition of daily consumption, so the establishment of this system has great practical value.


Author(s):  
Andres Godinez-García ◽  
María Guadalupe Hernández-Morales ◽  
Santiago Guijosa-Guadarrama ◽  
Pedro Jesús Díaz-Tecanhuey

This work is part of one of the priorities of sustainable development that is the conservation of soil and the care of aquifers. Water is a vital liquid for human and all kind of living beings, the presence of pesticides in drinking water is a health problem that requires solution. In this paper, a review of the different methods used for the removal of pesticides in wastewater is made, such as biological remediation methods, using plants and microorganisms, remediation by physical methods by adsorption of contaminants with activated carbon, zeolites, polymers and clays and finally chemical remediation, through advanced oxidation with the production of hydroxyl radicals. A review of the most commonly used pesticides in the different agricultural areas is carried out, as well as their impact on the health of the inhabitants in these regions. Finally, a comparison of the advantages and disadvantages of these methods is made both for its effectiveness as well as for their cost.


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