Dano existencial e dano ao projeto de vida no distrito de Macacos, município de Nova Lima/MG: uma análise da ação civil pública nº 5000901-97.2019.8.13.0188

Abstract

This dissertation analyzes the influence of the legal categories of existential damage and damage to the life project as legal principles of humanization of processes that involve conflicts and damages of this nature, as is the case of Public Civil Action nº 5000901-97.2019.8.13.0188. The analysis was carried out through a collective judicial process filed in active joinder of parties between the Public Prosecutor's Office of the State of Minas Gerais and the Public Defender's Office of the State of Minas Gerais, against Mineradora Vale, on March 14, 2019. The action was filed due to the risk of rupture of the B3/B4 dam, at the Mar Azul Mine located in the municipality of Nova Lima/MG and the responsibility of the mining company. The risk of the dam breaking caused the forced removal of people and families from their homes, triggering hydro-socio-environmental conflicts in the district of São Sebastião das Águas Claras, better known as Macacos, in Nova Lima. It was sought, through this research, to demonstrate that, in addition to repairing the material and moral damages claimed in the ACP, another type of damage occurred, the existential and the damage to the life project, involving violence and violations of social and fundamental rights. caused by mining activity, notably with regard to dam failures that have occurred or are about to occur. As a strategy for approaching the theme, the selection, collection and analysis of data was carried out, using the method of critical-interpretive research, under the participatory or engaged bias of those affected. Bibliographical and jurisprudential research was also carried out, in addition to the sharing of materials collected collectively between key actors involved and the team at Plataforma Áporo of the Polos de Cidadania Program of the Faculty of Law of the Federal University of Minas Gerais. From the analysis, it was demonstrated that the existential damage and the damage to the life project were not properly considered in the referred process, which constitutes a serious institutional omission and loss of quality of life of the people and families affected, a situation of high social relevance that deserves to be object of adequate appraisal and repair. It was observed that, from the perspective of the structural collective process, the consideration of existential damage and damage to the life project, as humanizing principles of judicial protection, tend to contribute to a fairer, more comprehensive and effective repair of damages, as well as so that the scope of the much-desired social pacification is achieved.