Caso Samarco: uma análise do termo de transação e ajustamento de conduta na reparação dos atingidos

Abstract

This research analyzed the Term of Transaction and Adjustment of Conduct (TTAC), whose subscribers, among others, were Samarco, the Union and the states of Espírito Santo and Minas Gerais, in the perspective of Michel Foucault's biopower and fundamental rights, verifying whether this document has the ability to remedy the socio-environmental damage generated by the disaster, giving voice to the realities affected. As a research technique, bibliographic research was used as a base source of essential concepts for the construction of knowledge capable of promoting a critical analysis on the subject. The dialectical method, which is characterized by being a method that recognizes society as a set of contradictions, was chosen for the analysis in question. The research was justified by the theoretical field due to the study that was done on the current reality of the damages caused by the rupture of the Fundão Dam. The objectives of this research were: to analyze, from a fundamental rights perspective and from a general approach, the legal system dealing with the Brazilian environment; present the Samarco Case, especially in the aspects most linked to damages; to analyze, under the perspective of Michel Foucault's theory of biopower and fundamental rights, the term of transaction and conduct adjustment (TTAC), whose subscribers, among others, were Samarco, the Union and the states of Espírito Santo and Minas Gerais and whether this instrument was efficient in serving those affected. The work is divided into three chapters: the first chapter addressed the issue of power, biopower and governmentality in Michel Foucault; the second chapter brought the evolution of environmental law, its principles and public policies; finally, the third and last chapter presented the Samarco Case and analyzed the Term of Transaction and Conduct Adjustment - TTAC as a formal instrument used for public and private negotiation in reconstruction and repair.