A CRITICAL ANALYSIS OF THE MARIANA/MG DISASTER

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Clara Cardoso Machado Jaborandy
Raquel Torres de Brito Silva
Orlando Rochadel Moreira Júnior

Abstract

This article seeks, initially, to understand the concept of Rule of Environmental Law, analyzing whether it is in force in the national legislation. Subsequently, the study goes on to identify the failures and consequences of the Fundão dam collapse in 2015. The theme of Environmental Law is still constantly neglected by part of the population, which, by living based on immediate paradigms, fails to consider the effects of their actions, as in the case studied here. It is necessary to seek alternatives to current anthropic practices, seeking conducts that focus not only on the individual, but also on the community. Thus, the question arises: would the Rule of Environmental Law be able to foresee, and even avoid, the consequences of the Mariana/MG disaster in 2015? The objective of this research, through its applied methodology, is to answer this problematic question from the pillar of Disaster Law. After applying the premises of the aforementioned institute to the 2015 tragedy, it is concluded that, although the Brazilian legal system provides for the Rule of Environmental Law, it still does not work effectively. In the production of the article, a qualitative, exploratory, doctrinal and documentary research was carried out, based on the theoretical bibliographic survey.

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Author Biographies

Clara Cardoso Machado Jaborandy, Universidade Tiradentes (UNIT)

PhD and Master in Law from the Universidade Federal da Bahia (UFBA), Salvador/BA, Brazil. Specialist in Public Law from Universidade Anhanguera (UNIDERP), Campo Grande/MS, Brazil. Graduated in Law from the Universidade Federal de Sergipe (UFS), Aracaju/SE, Brazil. Professor at the Graduate Program in Human Rights and at the Undergraduate Program at Universidade Tiradentes (UNIT), Aracaju/SE, Brazil. Professor at the Escola Judicial de Sergipe (EJUSE), Aracaju/SE, Brazil. Coordinator of the research group “Fundamental Rights, New Rights and Social Evolution”. Militant lawyer in Public and Business Law.

Raquel Torres de Brito Silva, Universidade Tiradentes (UNIT)

Doctoral student in Human Rights at Universidade Tiradentes (UNIT), Aracaju/SE, Brazil. Master in Law and in Development and Environment from the Universidade Federal de Sergipe (UFS), Aracaju/SE, Brazil. Specialist in Public Law from the Universidade Cândido Mendes (UCAM), Rio de Janeiro/RJ, Brazil. Graduated in Law from the Faculdade de Administração e Negócios de Sergipe (FANESE), Aracaju/SE, Brazil.

Orlando Rochadel Moreira Júnior, Universidade Tiradentes (UNIT)

Graduated in Law at Universidade Tiradentes (UNIT), Aracaju/SE, Brazil.