Voices of Mariana And Brumadinho: The Story of a Debt With no Indemnity

Abstract

Objective: To scrutinize the environmental civil responsibility of the State concerning the catastrophic events resulting from the rupture of Vale do Rio Doce's tailings dams in Mariana (2015) and Brumadinho (2019) in Brazil.

Method: Employing the hypothetical-deductive approach supplemented by a comprehensive literature review to offer an in-depth critique and reflection on the issue.

Relevance: The concept of objective liability underscores the State's paramount duty to redress environmental harm, irrespective of the fault or intent of its agents. This differs from subjective liability, where the burden falls on the victim to demonstrate the wrongdoing of the agent. Given the potentially massive implications of public services on human life, there's a heightened risk of extensive damage, making objective liability crucial.

Contributions: Brazil witnessed two devastating environmental calamities, as highlighted by Santos (2018), linked to the economic-driven construction of ore dams using the upstream method, despite its recognized safety shortcomings. This approach contradicts modern environmental laws rooted in the comprehensive risk theory, emphasizing maximum environmental protection. Sustainable development, a global aspiration, demands stringent oversight of such high-risk endeavors by public authorities. The tragedies have amplified the discourse on the State's accountability, given the apparent inadequacies in established safety protocols and measures.