Tragédia de Mariana-MG e Brumadinho-MG: análise jurídica sob a ótica da função social da empresa.

Abstract

The present work has as a preliminary aim to analyze the legal impacts resulting from the rupture of ore retention dams located in the cities of Mariana/MG and Brumadinho/MG, supported by the principle of the company's socio-environmental function. These tragedies are considered the greatest environmental catastrophes in the history of Brazilian mining, whose nouns of the cities are usually confused with the adjective "tragedy", becoming, in praxes, synonyms: Mariana / MG and Brumadinho / MG. In this context, the questions that motivated the elaboration of this work were: what are the legal consequences of the tragedies of Mariana/MG and Brumadinho/MG? What is the company's role in preserving the environment and social welfare? The study is based on the guidelines of the bibliographic research based on the reading of books that deal with the topic at hand, scientific-legal articles of wide academic dissemination, doctrinal and jurisprudential teachings. The method used is inductive. This has resulted in a wealth of informative material for future research, analysis and studies in Environmental Law, Biological Sciences or for simple reading, because it explains the difficulty in repairing the immense environmental, social and economic damages caused by the tragedies on canvas. It was verified that there is a flood of indemnification processes that are drowning the mining judiciary, causing him slowness and uncertainties as to the punishment of the culprits. It is regrettable, therefore, to know that the dust of impunity remains as toxic as the mud that swept Mariana and Brumadinho. It saddens and breaks the spirit when it becomes aware that little was done to heal the evils caused by the devastation that affected these regions of Minas Gerais and part of the State of Espirito Santo. The time line separating "Mariana" from "Brumadinho" is little more than 03 (three) years; however, the conditions, factors, components and actors are, in theory, the same. Therefore, the facts demonstrate the importance of companies acting with socio-environmental responsibility, because the tragedies mentioned could not have happened if the search for profit was not beyond social and environmental well-being.