The cost of the right to access to water

analysis of the universalization of access to water by Law Nº 14.026/20, according to Holmes and Sunstein

Abstract

Stephen Holmes and Cass R. Sunstein, in 1999, wrote the first edition of the book entitled The Cost of Rights – Why Freedom Depends on Taxes. In this work, the authors defend 3 questions:
rights have a budgetary cost; Rights are only guaranteed and enforced if there is a State strong enough to do so and the existence of a right also corresponds to the existence of a duty. With this scenario, the present study aims mainly to investigate the right to water in Brazil under the guidelines of Law No. 14,026/2020 and, for this reason, its question is: the provisions of Law No. 14,026/20 guarantee the realization of the right to water in the country from the perspective of the teachings of Holmes and Sunstein, about the cost of rights? Through bibliographical, documentary and qualitative research, the aim is to achieve effective answers on the implementation of the right to water in light of Law No. 14,026/2020, concluding, finally, that the universalization and consequent implementation of the right to water in Brazil, under the terms of Law No. 14,026/2020, should occur more likely if the authors’ 3 main lessons are observed and followed.