A privatização do desastre socioambiental de Mariana/MG: alcance e natureza jurídica da Fundação Renova

Abstract

Domestic and foreign legislation is concerned with preserving the ecologically balanced environment, granting it constitutionally the status of a fundamental right of common use of the people and essential to the healthy quality of life. Consequently, it is the duty of the natural or juridical person to pollute the environment to cause degradation of its properties to repair the damage and re-establish the previous ecological conditions. In view of the socio-environmental disaster of Mariana / MG, caused by the rupture of one of the waste containment dams of the mining company Samarco S / A, considered the greatest environmental disaster in Brazilian history due to the large social, economic and environmental damages caused by it provokes the legal responsibility of the polluter. Due to an agreement between the public authorities and those responsible for environmental crime, civil and environmental reparations have been carried out by a private foundation established and controlled by the person responsible for the injury. The purpose of this research was to question the existence of incompatibility between the legal nature of the Renova Foundation and the purposes for which it is intended. For bibliographical consultations to articles, legal journals, reports, statistical data, doctrine, current legislation and reports on procedural documents, the work sought to highlight this contradiction.