THE FUNDAMENTAL RIGHT TO WATER: A PHILOSOPHICAL, CONSTITUTIONAL AND CIVILIZING APPROACH

Abstract

This article will deal with the unavailability of the right to use water as a means of subsistence, as well as the impossibility of its privatization, either of the element itself or of the supply services for its consumption and sanitation. With this, inevitably, we will bring up a small discussion about the level of participation of the State in issues related to goods essential to life, of strategic and civilizational importance and the choice made by the Constituent Assembly on this topic, thus trying, in a multidisciplinary view and beyond legal positivism and the dichotomy (to be and should be), bring a reflection on our existence and the risks caused to human beings by the commercialization of water and all the processes that directly or indirectly involve it. The historical focus of this study will take place in the post-World War II period, a moment by which we understand that several new subjects of law and new theories have emerged in the world that allow us to dialogue and find better solutions for the purpose of the text, that is, whether water and treatment and supply services should be privatized and to what extent.