A contribuição do disgorgement no caso do rompimento da barragem em Mariana/MG e as suas repercussões socioambientais

Abstract

This research proposes to analyze how the legal remedy of the common law, the disgorgement, can provide contributions to the case of the rupture of the Fundão Dam, in Mariana / MG, identifying its possible repercussions in the socio-environmental field. The problem starts from the reiteration of environmental illicit activities related to the activity of mineral extraction in Brazil, being seen as indispensable to discuss the limits of the environmental civil liability regarding the illegally obtained gains and the disgorgement contributions. For methodology, the case study was used through bibliographic and documentary research. The final result exposed the current Brazilian legal scenario when dealing with cases of environmental illicit, as well as the logic of the intensive ore extraction activity that undermines both the environment and the worker was revealed, implying the need for national jurists to revisit the current legislation. , given the presentation of the aforementioned institute as a possible new vertex of environmental civil liability, as it is a mechanism capable of removing the profits that are illegally earned by mining companies.