Ação civil pública ambiental: estudo do caso sobre o rompimento da barragem de Fundão em Minas Gerais.

Abstract

The research intends to study the Public Civil Action proposed by the Federal Public Prosecution on the states of Espírito Santo and Minas Gerais on the context of Task Force Rio Doce, at 2015, in discountenance of the socioambiental tragedy cause factors, ocurred in Mariana-MG, day 05/11/2015, caused by the dam break on Fundão, which is propriety of Complexo Minerário de Germano, in Mariana-MG. To understand the adopted criteria to charge the ambiental tragedy direct and indirect causers, it is necessary to do a civil responsability institute due to ambiental damage analysis, following the inerente principles to such course, making a historical overview about the civil accountability origins and improvement. Is also necessary to demonstrate how the preocupation with the coletive rights supervisory arose, as well as analyse the procedural means existent on the brazilian legal framework to such rights supervisory, and consequently, to show the public civil action as an trustworthy instrumento in this rights defense, envincing its importance on ambiental damages supervisory. For this purpose, was used inductive approach methods, by means Methodological procedure of the case study, the descriptive research was carried out. The technical procedure of indirect documentation was adopted, through which the bibliographic and documentary research was done. In conclusion, the damage full recovery is somethin unreachable, however the public civil action presents potential to reach the legal effectiveness, bearing in mind that the parties opted for a consensual solution of the conflict, singning a preliminary adjustment term. And the search for the conflict consensual solution represented a conscience maturity from both parties, in terms of legal and procedural responsabilities recongnition, moreover the analysis obejct demand requires a fast process, in face of the rights nature which intends to supervise, what can be achieved by the conflict mediation.