Mineral water management in Brazil: current legal overview and future perspectives

Ana Lúcia Desenzi Gesicki, Francesco Sindico

Research output: Contribution to journalArticle

Abstract

Mineral waters in Brazil are legally treated as a mineral resource, have their own specific legislation (1945 Code of Mineral Waters), which follows the general procedures for granting rights regarding mining activity in Brazil. These principles are in conflict with both the 1988 Federal Constitution, which delegates the domain over groundwater to the States, as well as the legislation regarding the environment and water resource management that came into force in the 1980s. Modern legislation has introduced an environmental dimension to waters in general, including groundwater, and defined it as an inalienable public good for common use. Mineral waters are defined by law as potable groundwaters of regular chemical composition and presumed medicinal action, protected from surface contamination. Some original concepts of the mineral water law have been profoundly changed especially with regard to their therapeutic effect and use in spas and hydrothermal resorts. Nowadays, mineral waters are primarily used in the production of bottled beverages, and they are barely distinguishable from ordinary groundwater in terms of chemical and physical-chemical composition. The current political climate in Brazil is particularly favorable for reopening the discussion for updating mineral water legislation because the National Congress is evaluating a bill regarding new legislation for the Brazilian mining sector. The law-making process for mineral waters should take into account modern concepts of hydrogeology, chemistry and medicine, as well as the fundamentals of sustainable development and protection of the environment introduced by the Constitution. It is highly recommended that this issue be subject to an open-minded, transparent and democratic debate, with full participation of government institutions and the various sectors of society that have competing interests in the use of groundwater resources.
Translated title of the contributionMineral water management in Brazil: current legal overview and future perspectives
LanguagePortuguese
Pages69-88
Number of pages20
JournalRevista do Instituto Geológico
Volume34
Issue number2
DOIs
Publication statusPublished - 2013

Fingerprint

future perspective
water management
Brazil
water
legislation
groundwater
chemical composition
Law
constitution
resources
hydrogeology
groundwater resource
mineral resource
mineral water
medicine
sustainable development
environmental pollution
bill
chemistry
climate

Keywords

  • mineral waters
  • groundwater resource
  • constitution
  • mineral legislation

Cite this

@article{d2ade3c609214f8880d3c960d013b935,
title = "Gest{\~a}o das {\'a}guas minerais no Brasil: panorama legal atual e perspectivas futuras",
abstract = "Mineral waters in Brazil are legally treated as a mineral resource, have their own specific legislation (1945 Code of Mineral Waters), which follows the general procedures for granting rights regarding mining activity in Brazil. These principles are in conflict with both the 1988 Federal Constitution, which delegates the domain over groundwater to the States, as well as the legislation regarding the environment and water resource management that came into force in the 1980s. Modern legislation has introduced an environmental dimension to waters in general, including groundwater, and defined it as an inalienable public good for common use. Mineral waters are defined by law as potable groundwaters of regular chemical composition and presumed medicinal action, protected from surface contamination. Some original concepts of the mineral water law have been profoundly changed especially with regard to their therapeutic effect and use in spas and hydrothermal resorts. Nowadays, mineral waters are primarily used in the production of bottled beverages, and they are barely distinguishable from ordinary groundwater in terms of chemical and physical-chemical composition. The current political climate in Brazil is particularly favorable for reopening the discussion for updating mineral water legislation because the National Congress is evaluating a bill regarding new legislation for the Brazilian mining sector. The law-making process for mineral waters should take into account modern concepts of hydrogeology, chemistry and medicine, as well as the fundamentals of sustainable development and protection of the environment introduced by the Constitution. It is highly recommended that this issue be subject to an open-minded, transparent and democratic debate, with full participation of government institutions and the various sectors of society that have competing interests in the use of groundwater resources.",
keywords = "mineral waters, groundwater resource, constitution, mineral legislation",
author = "{Desenzi Gesicki}, {Ana L{\'u}cia} and Francesco Sindico",
year = "2013",
doi = "10.5935/0100-929X.20130010",
language = "Portuguese",
volume = "34",
pages = "69--88",
number = "2",

}

Gestão das águas minerais no Brasil : panorama legal atual e perspectivas futuras. / Desenzi Gesicki, Ana Lúcia; Sindico, Francesco.

Vol. 34, No. 2, 2013, p. 69-88.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Gestão das águas minerais no Brasil

T2 - panorama legal atual e perspectivas futuras

AU - Desenzi Gesicki, Ana Lúcia

AU - Sindico, Francesco

PY - 2013

Y1 - 2013

N2 - Mineral waters in Brazil are legally treated as a mineral resource, have their own specific legislation (1945 Code of Mineral Waters), which follows the general procedures for granting rights regarding mining activity in Brazil. These principles are in conflict with both the 1988 Federal Constitution, which delegates the domain over groundwater to the States, as well as the legislation regarding the environment and water resource management that came into force in the 1980s. Modern legislation has introduced an environmental dimension to waters in general, including groundwater, and defined it as an inalienable public good for common use. Mineral waters are defined by law as potable groundwaters of regular chemical composition and presumed medicinal action, protected from surface contamination. Some original concepts of the mineral water law have been profoundly changed especially with regard to their therapeutic effect and use in spas and hydrothermal resorts. Nowadays, mineral waters are primarily used in the production of bottled beverages, and they are barely distinguishable from ordinary groundwater in terms of chemical and physical-chemical composition. The current political climate in Brazil is particularly favorable for reopening the discussion for updating mineral water legislation because the National Congress is evaluating a bill regarding new legislation for the Brazilian mining sector. The law-making process for mineral waters should take into account modern concepts of hydrogeology, chemistry and medicine, as well as the fundamentals of sustainable development and protection of the environment introduced by the Constitution. It is highly recommended that this issue be subject to an open-minded, transparent and democratic debate, with full participation of government institutions and the various sectors of society that have competing interests in the use of groundwater resources.

AB - Mineral waters in Brazil are legally treated as a mineral resource, have their own specific legislation (1945 Code of Mineral Waters), which follows the general procedures for granting rights regarding mining activity in Brazil. These principles are in conflict with both the 1988 Federal Constitution, which delegates the domain over groundwater to the States, as well as the legislation regarding the environment and water resource management that came into force in the 1980s. Modern legislation has introduced an environmental dimension to waters in general, including groundwater, and defined it as an inalienable public good for common use. Mineral waters are defined by law as potable groundwaters of regular chemical composition and presumed medicinal action, protected from surface contamination. Some original concepts of the mineral water law have been profoundly changed especially with regard to their therapeutic effect and use in spas and hydrothermal resorts. Nowadays, mineral waters are primarily used in the production of bottled beverages, and they are barely distinguishable from ordinary groundwater in terms of chemical and physical-chemical composition. The current political climate in Brazil is particularly favorable for reopening the discussion for updating mineral water legislation because the National Congress is evaluating a bill regarding new legislation for the Brazilian mining sector. The law-making process for mineral waters should take into account modern concepts of hydrogeology, chemistry and medicine, as well as the fundamentals of sustainable development and protection of the environment introduced by the Constitution. It is highly recommended that this issue be subject to an open-minded, transparent and democratic debate, with full participation of government institutions and the various sectors of society that have competing interests in the use of groundwater resources.

KW - mineral waters

KW - groundwater resource

KW - constitution

KW - mineral legislation

U2 - 10.5935/0100-929X.20130010

DO - 10.5935/0100-929X.20130010

M3 - Article

VL - 34

SP - 69

EP - 88

IS - 2

ER -