samenvatting |
On 5 November 2015, the collapse of the Fundão Dam in Mariana, Minas Gerais, under the control of the mining company Samarco led to one of the biggest environmental disasters in Brazilian recent history. The immediate and continuous flow of tailings caused mass destruction throughout the entire Doce River basin until it reached the ocean in Linhares, ES. Today, the disaster continues to produce effects on the affected communities. The case involves an intense and extensive conflict “judicialization”, with a variety of actors, victims and damages of different categories, extensions and severities. The proportions and representativeness of the case at national and international levels have created social expectations in relation to the reparatory measures and judicial responses to the disaster and namely in relation to the appropriate punishment against the liable corporations due to be held accountable for the dam collapse. The imposition of sanctions that accomplish not only its retributive/symbolic purposes but also its preventive goals is usually expected. Based on previous judicial and empirical research and book publication in Brazil, this article aims to analyse the case from a criminological perspective, considering the complexity and interdisciplinarity inherent to the disaster. It intends to observe the judicial responses to the events, in any of its spheres: administrative, criminal, civil and extrajudicial. In light of the limitations of the Brazilian legal system and the fragile national corporate regulation, it questions the potentials of the judicial responses to provide victim reparation and prevention of future corporate and environmental criminality. |