A contribuição do disgorgement no caso do rompimento da barragem em Mariana/MG e as suas repercussões socioambientais
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Date
2020-12-15
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Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Rompimento de barragem, Repercussões socioambientais, Limites da responsabilidade civil ambiental, Desestímulo do ilícito, Contribuição do disgorgement, Dam rupture, Socio-environmental repercussions, Limits of environmental liability, Discouraging the illicit, Disgorgement contribution