DESASTRES AMBIENTAIS ACERTOS E DESACERTOS DE UM NOVO MODELO DE REPARAÇÃO NO CASO SAMARCO

Abstract

The collapse of the Fundão dam, owned by the mining company Samarco, in the municipality of Mariana in 2015, caused one of the biggest socio-environmental disasters in Brazilian history. The objective of this article is to analyze, from the perspective of Environmental Civil Liability, the successes and mistakes in the attribution of legal responsibility to the causes of those damages with the greater desideratum of pointing out how the environmental command and control system must be improved to inhibit the occurrence of new tragedies, as well as for society to see an implacable response to degraders; Legal-theoretical methodology and deductive reasoning procedure were applied, using doctrinal and jurisprudential research techniques to achieve its objectives. The result achieved was in the sense that it cannot be said that the legal system has not reached the maximum effectiveness expected in the face of the magnitude of the tragedy. On the other hand, positive lessons can be learned from the solutions applied. It was concluded, therefore, that, between successes and mistakes, what happened led to an improvement of the institutions that are in charge of the noble task of environmental protection.