A responsabilidade civil do estado de Minas Gerais devido ao rompimento da barragem de Fundão e suas repercussões na fauna ictiológica

Abstract

On November 5, 2015, the Fundão dam broke out in Mariana, one of the Brazilian districts that is part of the state of Minas Gerais, a vast region was hit by a wave of toxic sludge, resulting from this disruption. The dam is responsible for containing ore tailings exploited by Samarco miner Vale S.A, which belongs to the Anglo-Australian company BHP Billiton. Through a technical report, issued two years earlier by the Pristine Institute, the tragedy was announced, with the information that there was an overload of waste compromising the safety of the dam with risk of collapse in the structure, however, nothing was done by the competent bodies to avoid the fact. Among the environmental damages caused by the breakdown of the Fundão dam, both individual and collective, there was damage to the ichthyological fauna, object of study of this research. Minerals were thrown by the toxic sludge in the waters of the Doce river, so the ichthyofauna was left compromised, impacting on the social, economic and environmental spheres of those who withdraw their livelihood from the river. The purpose of this dissertation is to discuss the application of environmental civil liability for deliberate acts practiced by the Public Power, when such act results or contributes to the occurrence of environmental damages. The method used here was based on literature review, carried out through an initial bibliographical survey. This is an exploratory research of a qualitative nature. The results of this study demonstrate the evidence regarding the need for substantive changes in the Brazilian legal order regarding the environmental civil liability of the Public Power and proposes a viable means for application.