O impacto das decisões judiciais nas catástrofes e nos desastres ambientais: uma análise do caso paradigmático de Brumadinho

Abstract

This thesis aims to investigate the impact of judicial decisions on environmental disasters and catastrophes in Brazil, aiming at their effectiveness and, consequently, the reduction of human rights violations. In order to meet this end, the research focuses on the Judiciary’s responses to the paradigmatic case of Brumadinho, which occurred on January 25, 2019, in the state of Minas Gerais, Brazil. The theoretical discussion is based on the risk theory of Ulrich Beck, the notes on globalization and reflexive modernity developed by Anthony Giddens, and Zygmunt Bauman's view of contemporary society. The theme is further developed with the evolution of Environmental Law in disasters and environmental catastrophes. The focus is always from the point of view of environmental justice, putting the need for control of conventionality first so that the courts are prepared to collaborate and minimize the effects of the damage caused by these situations. Regarding the methodology, the investigation uses the hypothetical-deductive and dialectical method, since it departs from the analysis of the context of risks in disasters and catastrophes, only reaching Brumadinho event to discuss the role and impact of judicial decisions. When analyzing the objectives, the problem is described by exploring this issue holistically concerning what took place in Brumadinho. The historical context of national and international legislation and the existence of subsequent events are also examined along this line. This study examined specific bibliography, documents, and court precedents. In three chapters, it analyzes international treaties and conventions to reach conventionality control and the legislation related to the environment, dams, and mining. The research is descriptive, based on qualitative methodology with collected data providing details and in-depth knowledge for a better understanding of the implications unfolded. It is also exploratory since it highlights the subjective nature of the object, studying its particularities and unique experiences. Driven by an analytical-descriptive narrative it uses comparisons, history, facts, and documents to analyze the problem presented.