Processos estruturais, diálogos institucionais e diálogos interculturais: o caso da interligação do Estado de Roraima ao Linhão de Tucuruí

Abstract

This thesis presents a study of the legal proceedings concerning the interconnection of the State of Roraima to the National Interconnected System, through the Tucuruí Line, which was the structural solution defined by the Ministry of Mines and Energy for the serious structural energy problem historically experienced by the only federative state entity not connected to that system. To that end, the following research questions were posed: is the case of the Tucuruí Transmission Line in Roraima, due to its social relevance and complexity, a structural litigation? If so, was the treatment given to this litigation by the Judiciary compatible with the theory of structural processes and the need for institutional and intercultural dialogues? Finally, what lessons can be drawn from this case to guide similar future cases, especially regarding the proper judicial handling of consultations with Indigenous peoples (Convention n. 169/ILO) in environmental licensing and the conduct of proceedings of this nature? The general objective, therefore, is to investigate whether the case of Roraima’s interconnection to the SIN constitutes a structural litigation and whether it was properly conducted by the Judiciary, in light of the theory of structural processes, especially concerning the promotion of institutional and intercultural dialogues, with a view to formulating parameters that can guide the resolution of similar future cases. To achieve this general objective, four specific objectives were established: (a) to contextualize the historically experienced energy insecurity in Roraima and its isolated situation, as well as the proposal for interconnection to the SIN through the Tucuruí Transmission Line, its rationale, and benefits; (b) to analyze the judicialization of the Linhão case, identifying the main legal actions, legal arguments, and the consensual resolution achieved in the lawsuits directly related to the case; (c) to ground the institutional and intercultural dialogues and the theory of structural processes, highlighting procedural aspects in the context of interventions in public policies and the application of Indigenous peoples’ right to consultation in environmental licensing; (d) to understand whether the disputes related to the Linhão de Tucuruí case present a structural nature and whether their judicial management followed the premises of a structural process, in order, at the end, to formulate parameters that can guide similar future cases. The study concluded that the structural energy supply problem in Roraima did give rise to a structural litigation, but that this litigation was not treated as a structural process by the Judiciary, which failed to employ structural elements or to promote institutional and intercultural dialogues. Finally, some basic parameters are outlined so that, without vulgarizing structural procedural models, it becomes possible to encourage the dialogical and structuring judicial handling of disputes involving problems similar to those addressed in the Linhão de Tucuruí case.