Reflections on water regulation in the Brazilian context are still in an early stage, even though the topic of water resource management is widely debated in academic research. There is limited understanding of how water is regulated at both the federal and state levels — that is, what the main regulatory themes are, how regulatory norms are produced, the legal parameters guiding normative production, and how regulatory frameworks have influenced water policy formulation across the country.

The objective of this article is to analyze the mechanisms and instruments of water regulation in Brazil and to discuss a new regulatory strategy. As a result, we conclude that although water regulation is guided by the principles of economic rationality, in practice, it has led to weaknesses in the equitable distribution of water. Negotiated water allocation emerges as an alternative that may enable new regulatory practices.

Researchers: Rômulo Silveira da Rocha Sampaio, Natasha Caccia Schmitt Salinas, Bianca Borges Medeiros Pavão
Research Center for Law and Economics (CPDE) – FGV Direito Rio

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