A eficácia da legislação federal em relação aos efeitos dos impactos biofísicos provocados por barramentos fluviais

Abstract

Fluvial fragmentation, practiced since the beginning with several purposes such as the generation of electric energy, the water reservoir, and flood control, generates numerous biophysical impacts on the environment, and specifically on the river network and aquatic ecosystems downstream. The advancement of scientific knowledge on the water theme and the management of river networks should foster the improvement of the Brazilian legal framework to guarantee the minimization of such impacts in the country, since such a framework is focused on water availability issues, neglecting the environmental impacts. The present study proposed to confront the biophysical impacts of fluvial fragmentation, described in the literature, with the existing federal legal norms in Brazil, to evaluate the effectiveness of the Brazilian legal regulation in face of such impacts. As a result, no legislation was devoted to fragmentation or river barrage in Brazil, with predictions of impacts found only in council resolutions. Therefore, the present work pointed out the need to create a specific federal law aimed at dealing with the biophysical impacts of river fragmentation in Brazil