Desenvolvimento e mineração: o direito de acesso à água em Colatina/ES após o rompimento da barragem de rejeitos da Samarco S.A.
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Data
2021-06-04
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Universidade Federal de Goiás
Resumo
The right to access water has become a challenge in this 21st century. The growth of large
industrial mining, the lack of effective regulatory and inspection instruments significantly
increased the number of conflicts and socio-environmental disasters. The rupture of
Samarco's tailings dam in Mariana / MG is a still current example of this scenario of
environmental disasters that is caused by mining mega-enterprises. The city of Colatina in
Espírito Santo, directly affected by the toxic mud from the Fundão dam, faced serious
consequences and challenges directly linked to guaranteeing rights in a scenario of
environmental disaster - especially the dimension of access to water. The objective of the
present research is, therefore, to understand if the State, in face of the existing legal norms,
was able to guarantee, effectively, the right of access to water of the population of Colatina
/ ES. To this end, we sought to understand, from a national and international normative
construction, the existence of the legal content of a right to access water, as well as the
mechanisms created for its implementation. The analysis also goes through the context of
mineral extraction activity in Brazil, in order to understand under which development
model mining in the national territory grows, and its (in) compatibility with the
development model inscribed among the objectives of the Republic. The method used was
the bibliographic and documentary research produced in the context of the disaster, among
them the lawsuits involving the problem of water quality in the affected municipality. The
ineffectiveness of the State's actions and even its inaction were verified, in guaranteeing
the right of access to water for the population of Colatina / ES, due to a problem that is
expressed in two dimensions: the urgency with which the public administration resumes
collecting of water in the contaminated river without the necessary precaution of assessing
the quality of the resource, and the lack of consensus on how to determine whether water
could be consumed without risk to the health of the population. There was still
judicialization involving the problem of water as a possibility of directly defending the
interests of the population in the face of the State's inaction.
Descrição
Palavras-chave
Direito à água, Desenvolvimento, Mineração, Desastre ambiental, Qualidade da água, Right to water, Development, Mining, Environmental disaster, Water quality
Citação
SOUSA, Hugo Rocha de. Desenvolvimento e mineração: o direito de acesso à água em Colatina/ES após o rompimento da barragem de rejeitos da Samarco S.A. 2021. 88 f. Trabalho de Conclusão de Curso (Graduação) – Unidade Acadêmica Especial de Ciências Sociais Aplicadas, Universidade Federal de Goiás, Cidade de Goiás, 2021.