Bens comuns e a dogmática da propriedade privada: uma análise do novo marco regulatório do saneamento básico do Brasil à luz da teoria dos bens comuns.

Abstract

Nowadays, is often necessary the discussion about the adequacy of the private property’s logic application as the only way to regulate all kinds of use and exploitation of goods, including those known as common goods. It is necessary to recognized that is needed more than the constitutional-liberal property’s logic in the goal to protect the common property, through a change that happens in a way to amend the juridical-technical meaning of acknowledgement of relationship with essential goods. Furthermore, it is necessary to discuss if water – a common good essential to all kinds of existence – can be submit to individual property, and which are the consequences of this kind of submission. The bibliographic and documental methodology had been used in this paper, as well as the analysis of privatization cases and re-nationalization of the water services around the world and the paper was elaborated through the analysis of reference works about the existence and legal protection of the collective goods, that doesn’t submit, or doesn’t have to submit to ownership’s logic.