O judiciário e a governança democrática dos recursos hídricos na região metropolitana: uma abordagem a partir do caso Matanza-Riachuelo
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2015-10-20
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Teixeira, Marco Antônio Carvalho
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The constitutional provision of concurrent jurisdiction of the political entities for the promotion of public policies in the metropolitan regions provides for the case of omission of legislative and executive powers is the question judicialized. The judiciary, as the guardian of fundamental rights and democratic principles, is entitled to impose cooperation among political entities to which is supplied an efficient and equitable public service for all citizens. This action, however, is limited to constitutional principles and the popular will, in addition to presenting of institutionally capacity and attention to systemic effects. It is displayed Matanza Riachuelo case where the judiciary condemned the political entities to promote, among other things, a common strategic plan. Finally, we present a critical view of the Judiciary acting in the execution of this judgment.