Gestão e gerenciamento de litígios provenientes de captação de água pluvial

Abstract

Whether in the State of Minas Gerais or in any other State in Brazil, areas and land between borders, which drain rainwater, are obliged to meet technical requirements that impute duties and rights to owners and public entities. The right of easement or passage of rainwater, in addition to being a duty, is another item that must be treated very carefully. It must be supported by legislation, which ends up providing subjective understandings to the treatment of the matter. Given this scenario, costs inherent to administrative or judicial processes, which demand professionals from technical or legal areas, end up significantly burdening the owners, not counting the time spent, which do not bring any real gain to the parties. Technical professionals, as well as lawyers, are examples of costs incurred in evaluating the current situation. Questions about the legality of a given situation, as well as the legislation that supports technical issues, can bring serious damage to a land owner or enterprise. Other variables, such as the impact on passing areas, damage to third-party properties and accident risks, are other points that must be addressed through a technical protocol and must not be based solely on legislation. We must emphasize that in Brazil, there are technical norms that guide civil constructions and interventions in areas, which are often ignored by those who use them. From several judicial or extrajudicial processes, which involved confrontations, whether from companies or individuals, a study on the regulation and the need for a technical protocol on issues related to the right of way and/or easement for rainwater is made necessary. This issue must be based on technical procedures and must be in line with Brazilian legislation, that is, they require legal technical knowledge so that gaps do not harm interested parties or parties involved in a possible litigation.