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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Universidade Federal de Goiás


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.



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


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.