Resumo:
This job aims to analyze the interests incurring on the hydro-electric reservoirs, proposing
mathematics structures which includes legal and social concepts in addition to the monetary
economic ones. So, it is presented a way for constructing a pluralist management of hydric
resources, being able to incorporate democratic principles and to consider the interest of
minorities affected and influenced directly by this natural resource in hydroelectric plants.
In this sense, it is presented a review of the legal principles, associated to the decentralization
and to the formation of the democratic State, showing the need of respect to the interests’
plurality and to the minorities. The legal concepts, treated in this job, follow two aims: the
first one is to show the need of the respect to minorities, to interests’ plurality and to the
fundamental warranties. The second one is to quantify the importance of each agent, basing
on ethic and moral principles connected to consolidated legal principles.
Therefore, sequentially, it was elaborated the mathematics formatting which searches to
represent the ponderation of these different interests. For this, the job looks for basis in the
philosophic concepts of the legal argumentation theory and uses mathematics tools such as the
methods of the Compromise Programming – PC and Trade-off. In this way, the job attributes
weights, induced by the legal concepts presented, for balancing the incident interests, limiting,
however, to the fundamental warranties imposed by the democratic State of Right.
As a practical application of the ponderation suggested, this job is also aimed to the resolution
of the conflicts existing in hydroelectric reservoirs and in the stretch of reduced outflow in
small hydroelectric plants, where there is an evident conflict between the local interests,
represented by the bordering population and the global interests, represented by the national
hydroelectric sector.
