O AMBIENTE ECOLOGICAMENTE EQUILIBRADO COMO PRESSUPOSTO À SADIA QUALIDADE DE VIDA: ANÁLISE DA BALNEABILIDADE COMO RELAÇÃO ENTRE AS ESTRUTURAS JURÍDICAS AMBIENTAL E DE SANEAMENTO DO MUNICÍPIO DE BOMBINHAS (SC)

Abstract

The human way of life has developed based on the cartesian paradigm, that sedimented the separation between society and nature, understanding it as a resource to be exploited, which has produced risks that have intensified over time, in a way that considers the phenomenon of the world’s metamorphosis.  In this sense, it is necessary that traditional knowledge areas, such as economics, politics, and Law, incorporate the science of ecology, changing the way of understanding the world to the systemic paradigm. Notably, the Ecology of Law is understood as a solution, especially considering the fundamental right to na ecologically balanced environment as a precondition for a healthy quality of life for all beings. Especially the theme of water quality as an essential point to make this fundamental right effective is highlighted, considering the attributions conferred by the Federal Constitution of 1988, highlighting the municipal entity. Thus, the research problem analyzes if it is possible to identify, from the understanding of the theory of the Systemic View of Life, the Risk Society, and the Metamorphosis of the World, the connection between Environmental and Sanitary Law, as to the maintenance of the ecologically balanced environment and the healthy quality of life, using as reference the evaluation of the bathing condition of the saline water in the city of Bombinhas/SC. As data collection procedures, it was used a bibliographic review of doctrine and scientific articles, the analysis of norms and documents, and a case study of the specific municipality. The data analysis procedure was the systemic method, because this method considers the interactions among the elements, as well as their quality, revealing itself to be intrinsically multidisciplinary; besides the comparative and monographic method. With the research it was possible to confirm the hypothesis that there is a possibility of identification and analysis of the interconnected relations between the Environmental and Sanitary Law, considering the results about the bathing condition of the city of Bombinhas. Systemic solutions are indicated to overcome difficulties in the effectiveness of public policies, such as environmental education; incentive to ecotourism; integration of sectorial plans; so that it will be possible to build sustainable communities.