A responsabilidade civil por dano ambiental ocasionado pelo rompimento de barragens no estado de Minas Gerais

Abstract

This research aims to analyze the environmental liability arising from the breach of dams in Minas Gerais, as well as to demonstrate the difficulties faced by society for being exposed to the risks generated by companies when performing mineral exploration activities and the need to repair environmental damage. As justification we intend to understand the civil liability that was born in environmental law to protect the obligation imposed by law to repair the damage caused to the environment. Thus, in addition to preventing damage, it will serve as an instrument for reparation, protection of the environment and compensation for victims. The aim is to understand, according to current legislation, what measures could be taken so that the risks of the analyzed cases could be avoided or at least mitigated. Also understand if the existing oversight to prevent such a disaster from occurring is efficient. From the hypothetical-deductive method, through jurisprudential and doctrinal research, in a descriptive and expository manner, the present paper deals with the impacts and damage caused by disasters, exposing the dimensions of environmental damage arising from the mining tailings dam disruption, having as object of study the cases of disasters occurred in the municipalities of Mariana and Brumadinho, in the State of Minas Gerais. In this scenario, the importance of the prevention principle, which is fundamental to prevent environmental disasters such as those analyzed here, is made explicit.