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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Editor

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.

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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.