Ecocides in Brazil

liability for environmental damage and the possibility of state liability for supervisory omission

Abstract

In recent years, Brazil has increasingly suffered the impacts of major environmental disasters, whether of natural origin or caused by human action, the so-called ecocides. In this context, there is evidence of the rupture of the Fundão Dam, of the Mining Company Samarco, in the city of Mariana (2015) and the Dam of the Bean Stream Mine, of Mining Vale, in the city of Brumadinho (2019), both in the state of Minas Gerais. The Federal Constitution, in article 225, §3, provides for the duty of accountability of those who, in any case, contribute to the occurrence of environmental damage, and this responsibility may occur both in the civil sphere, as in the administrative and criminal sphere. It happens that, with regard to administrative responsibility for state supervisory omission, the jurisprudence of the Superior Courts is not uniform as to its nature, sometimes deciding by the objective current, sometimes by the subjective. Thus, this article aims to analyze how the responsibility, in the administrative area, of those responsible for ecocides in Brazil takes place. Therefore, it is based on exploratory-descriptive methodology, having a qualitative approach. Procedurally, the research develops under the bibliographic-documentary aspect, by analyzing legislation and bibliography. Initially, the historical evolution of the term ecocide is presented. Next, it shows what administrative accountability applies to environmental disasters. Subsequently, the responsibility for state supervisory omission in the cases of Mariana and Brumadinho is addressed.