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    Saneamento básico como direito fundamental ao desenvolvimento: poluentes emergentes em ecossistemas aquáticos
    (Universidade Federal de São Paulo, 2018-03-29) Dib, Fabio Ribeiro [UNIFESP]; Pereira, Camilo Dias Seabra [UNIFESP]; Universidade Federal de São Paulo (UNIFESP)
    Anthropogenic impacts on nature have reached critical proportions. To the point of threatening the bases of sustaining life. In order to deal with environmental problems, a new form of social organization based on high moral and ethical standards must be sought. Law and the State have a relevant role in its construction. Complex issues such as pollution of aquatic environments by untreated sewage and contaminants of emerging concern, cast doubt on public policies and public sanitation services. The integration between the sciences emerges as a tool capable of producing knowledge from different areas that make it possible to demand from the public authorities conducts that are responsible and appropriate to the public interest, especially when it comes to guarantee fundamental rights. From the approach focused on the modernization process, which shows both causes of environmental problems, including pollution, but also causes that triggered transformations operated in societies, and therefore in law and in the State, it is aimed to demonstrate that both have become instruments essential for society to cope with the current crisis. In the Brazilian case , from general (or national) to particular (or local),it is sought to identify the elements that contribute to the inconsistencies of state performance, especially in relation to basic sanitation and inadequate disposal of sewage in aquatic environments, as well as to establish the foundations of state responsibility regarding pollution caused by the inconsistencies. The main focus is the public law, which in the view of the study, encompasses not only the branches of constitutional law and administrative law, but also environmental law and economic law. The objective of this approach is to show that the responsibility of the State in the field of the inconsistencies of basic sanitation services, specifically in the case of the final disposal of sewage in aquatic environments, does not arise from the consequences of structural problems, but from an optimal performance that precedes them. In other words, State responsibility arises in the field of decisions prior to the provision of services related to the planning and implementation of adequate structures, required by the fundamental right to good administration and by the fundamental rights that must be guaranteed.