Resumo:
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.