Processo estrutural e os litígios coletivos: um estudo de caso sobre o Desastre de Mariana

Abstract

The Mariana Disaster, which occurred on November 5, 2015, in the state of Minas Gerais, is considered one of the largest environmental disasters in Brazil and the world. Following the rupture of the Fundão Dam, over 50 million cubic meters of mud resulting from the iron ore extraction and beneficiation activities carried out by Samarco were released, causing severe environmental damage to the states of Minas Gerais and Espírito Santo. From the beginning, this litigation was marked by the existence of several affected social groups and, consequently, by the high degree of conflict of interests involved. With the present research, the aim was to investigate whether the class action No. 0023863-07.2016.4.01.3800, the main legal demand arising from the disaster, is an example of a Structural Litigation. To do so, a literature review was conducted to conceptualize the main topics that guide the problem, such as transindividual rights, public interest litigation, its principles, and the challenges related to adequate representation and collective res judicata, while also exploring the concept of structural litigation. Through a case study methodology, based on normative and documentary research, the main damages caused by the Mariana disaster were reported, and some of the subsequent legal and extrajudicial measures were addressed, with special emphasis on the class action No. 0023863- 07.2016.4.01.3800. Finally, by combining the literature review on public interest litigation and structural litigation concepts with the case study of the Mariana Disaster, it was concluded that the main public civil action proved to be a true case of structural litigation, whose structural measures not only impacted Samarco but also the National Department of Mineral Production (DNPM) and the Fundação Renova itself.