A atuação preventiva contra o dano ambiental e a aplicação do princípio da precaução sobre as atividades das empresas mineradoras do Estado de Goiás
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Data
2021-06-11
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Universidade Federal de Goiás
Resumo
In the present work, the bibliographical reference was used as a research
methodology, through research in books, laws, jurisprudence and, mainly, judicial and
extrajudicial records. The mining activity is one of the main pillars of the national
economy and places Brazil in a prominent place in the international sphere, as it is the
second largest global exporter of iron, in addition to other mining products. However,
even though mining derives such economic importance, the activity results in a burden
left to the environment, given its extensive environmental devastation. The Federal
Constitution, already foreseeing the high level of environmental degradation resulting
from the mining activity, establishes some instruments and principles intended to
alleviate the damage, defining the objective responsibility of the polluter and
environmental repair. However, even though the legislation is full of norms and
principles, the state apparatus has a notable shortage of personnel in charge of
supervising the proper compliance with environmental norms. Due to the scant and
precarious inspection, tragedies resulting from the collapse of dams, such as occurred in
the municipalities of Mariana and Brumadinho, in the State of Minas Gerais, have
occurred. The Federal Constitution also took care to define the main legitimate asset to
sue those responsible for environmental damage. In this way, the performance of the
agencies of the Federal and State Public Ministry is analyzed in the search for civil
liability for environmental damage, in addition to requesting its due repair.
Environmental damage can be classified as property damage and off-balance sheet
damage, according to Brazilian doctrine, and both forms are subject to due reparation. On
the other hand, the State of Goiás has some mining companies in operation, which also
operate through a tailings containment dam. In this case, the role of the State Public
Prosecutor's Office is examined in an attempt to implement measures to prevent
environmental damage, bearing in mind that in cases of accidents involving tailings
dams, the environmental damage is irreversible. Therefore, it is better to prevent the
damage than to cure it.
Descrição
Palavras-chave
Legislação ambiental, Princípios do direito ambiental, Dano ambiental, Mineração, Atuação do Ministério Público, Environmental legislation, Principles of environmental law, Environmental damage, Mining, Performance of the Public Ministry
Citação
GARCIA, Gabriella Lima. A atuação preventiva contra o dano ambiental e a aplicação do princípio da precaução sobre as atividades das empresas mineradoras do Estado de Goiás. 2021. 72 f. Trabalho de Conclusão de Curso (Graduação) - Unidade Acadêmica Especial de Ciências Sociais Aplicadas, Universidade Federal de Goiás, Cidade de Goiás, 2021.