310
Certainly, the investment must take the accumulated scientific
knowledge in account in order to have a firmbasis in the prevention context.
In the repressive scope, it is verified that, through the Brazilian Federal
Constitution (which supports other Law branches), Constitutional Law
establishes the right to health in its articles 196 and 197 and the right to an
ecologically balanced environment in its article 225.
Articles 196 and 197 of the Brazilian Federal Constitution immediately
support the Sanitary Law. Those rules were regulated by Law 8.080/90
21
,
known as Brazilian Health Organic Law. In this field, there is also the Law
6437/77 (which refers to administrative sanctions) and it has an extreme
significance. For water and basic sanitation issues, Law 11.445/2007
(Brazilian Basic Sanitation Policy Law) and Administrative Rule GM/MS
2.914/2011 (which refers to the quality surveillance of the water for human
consumption and its potability) may be indicated, among other related
rules and principles.
The article 2 of Law 8.080/90 is deemed as the foundation for issuing
the Administrative Rule GM/MS 3.523/1998 and, indirectly, for issuing
the Resolution No. 09/2003 of ANVISA. This happens because the
Administrative Rule itself indicates the need for conducting a technical
study, in its article 2, which was implemented once Resolution No. 09 of
ANVISA was issued.
Resolution No. 09 is linked to
Legionella
because it regards to the
evolutionof the scientificknowledgeonairquality, andair is theenvironment
where the bacterium proliferates at.
It is worthwhile to say that the Administrative Rule and the Resolution
are administrative acts formalized by the Public Administration, which has
