Desastre socioambiental do rompimento da barragem de fundão em Mariana/MG: uma análise do sistema indenizatório simplificado adotado pelo Juízo da 12a Vara Federal Cível e Agrária da Seção Judiciária de Minas Gerais em relação aos(às) atingidos(as) de Baixo Guandu/ES

Abstract

This paper analyzes the decision handed down by the 12th Civil and Agrarian Federal Court of the Minas Gerais Judiciary Section in relation to the people affected in Baixo Guandu, Espírito Santo, specifically, the main aspects of the judicial decision. Thus, the main objective of the research is to examine the rationality of the simplified compensation system adopted by the 12th Federal Civil and Agrarian Court of the Minas Gerais Judiciary Section for the payment of compensation to those affected by the collapse of the Fundão dam who live in the municipality of Baixo Guandu. As specific objectives, we will seek to analyze the response of the Judiciary to the socioenvironmental disaster of the rupture of the Fundão dam in Mariana for those affected in Baixo Guandu, to identify the main parties involved in the composition of the framework and implementation of the simplified compensation system used by the 12th Civil and Agrarian Federal Court of the Judiciary Section of Minas Gerais, analyze the use of the maxims of experience as the legal basis for the decision handed down by the 12th Civil and Agrarian Federal Court of the Minas Gerais Judiciary Section, and investigate, specifically, the notion of rough justice and its use as a theoretical foundation for the judicial decision that implemented the simplified compensation system. The scientific method used in this work will be that of analytical induction. As far as the research techniques are concerned, documentary research and bibliographical research will be adopted. The nature of the approach will be applied research. The type of research will be exploratory. The theoretical methodological model will be the sociological legal one. The line will be critical-methodological. And, finally, the approach will be qualitative. With this approach, the first chapter presents a brief methodological note indicating the methodology used. The second chapter deals with the collapse of the Fundão dam and aspects related to the disaster. The third chapter presents and examines the decision handed down by the 12th Civil and Agrarian Federal Court of the Minas Gerais Judiciary Section. The fourth chapter discusses the legal and theoretical foundations presented, as well as how they were mobilized in the judicial decision analyzed and the main case law and legal literature constructions about the institutes presented by the magistrate in his reasoning.