A aplicação da teoria do estado de exceção permanente ao regramento jurídico das barragens de minério no Brasil

Abstract

Environmental disasters have become more and more frequent in the world. O failure of ore dams has caused several disasters environmental issues in Brazil, causing the death of people, the destruction of fauna and flora and immense economic and labor consequences. In this context, it is clear that the Brazilian State is not fulfilling its constitutional duty to protect the environment and ensure the exercise of a decent life for the population. O This paper seeks to analyze the main aspects of the so-called "right of disasters" from the recent cases of failure of the tailings dams of the mining, as well as whether Brazil experiences a permanent State of Exception in what concerns the aforementioned anthropogenic disasters. Thus, the legal protection that has been dispensed to ore dams and the role that has been played by the Brazilian State against environmental disasters will be carried out in the light of the Theory of Exception of Agamben