A responsabilidade civil do Estado e da Samarco na tragédia de Mariana: a (in)aplicabilidade da teoria da reparação integral.

Abstract

The main objective of this work is to analyze the theory of integral reparation of the damage ensured by the current Civil Code in the face of the environmental disaster caused by the rupture of the Fundão dam, an undertaking of Samarco Mineração S.A in the year 2015 in the city of Mariana-Minas Gerais. Thus, the pillar of the theory of integral reparation of damages consists in the reintegration of the victim to the original level due to the damage caused be it patrimonial or not. In view of this perspective, the aim is to question the full applicability of this theory in cases where there is a severe and extensive aggression to the environment. In this scenario, the current constitutional norm asserts that the environment possesses the status of fundamental guarantee and soon is under the category of integral repair. Therefore, it is the responsibility of fully repairing the environmental damages, it falls on the concrete case presented on the State, considering that it is given the function of inspecting the projects aimed at the environmental exploration in the country and on the company, which is solidary between both , because the responsibility discussed in question is objective or independent of fault. Therefore, the systematics of this study will contemplate the analysis of the apects related to tragedy itself seeking to report the damages caused by the disruption and its consequences, as well as to the study of civil liability, environmental law and integral reparation theory, dealing specifically with the its main foundations. Regarding the theory of integral reparation of damage, the causes of its inapplicability to the Samarco case will be considered, considering here the factors that lead to the impossibility of returning to the original level, such as deaths, sentimental loss, history and inability to regenerate of the environment given the extent of the damage. Therefore, the solution presented to the case will be a legislative reform making the legal prediction better structured within the code in order to avoid that the sense of impunity is superior to the legal opportunities. This present monograph uses the hypothetical-deductive method based on the doctrinal and legal research, in a descriptive and expository way, seeking to bring a detailed overview of the aforementioned themes, thus promoting a better understanding of the systematics addressed.