Análise da parceria entre o Tribunal de Justiça de Minas Gerais e a Fundação Renova na instauração do posto avançado de autocomposição em Governador Valadares

Abstract

This article analyzes a partnership between the Court of Justice of Minas Gerais and the Renova Foundation for processing the legal claims arising from the breach of the Fundão dam. The environmental pollution caused by the rupture of the dam was accompanied by great human and material damages to the generated ones, generating damages claims in front of the company Samarco and its shareholders, with the increase of the volume of lawsuits for processing by the Minas Gerais Judiciary. Under the allegation of offering a faster response to these demands, the Judiciary signed an agreement with the Renova Foundation, created by the defendant company, for the establishment of an Advanced Self-Composition Post (PAA). However, it is necessary to critically analyze the signed partnership regarding the observance of the basic principles of public administration and judicial provision, such as the legal principles of judicial impartiality and the supremacy of the public interest. The administrative doctrine on Partnerships with the Public Administration is adopted as a critical parameter, especially, as analyzed by Maria Sylvia Zanella Di Pietro. The qualitative search, with a comprehensive and critical character, draws on legal, doctrinal and documentary sources, with emphasis on the Partnership Terms signed for the implementation of the Governador Valadares Advanced Self-Composition Post. It concludes by the intrinsically problematic character of the cooperation agreement signed, in view of the present conflicts of interest, represented, for example, by the dependence of the defendant companies on the operation of the outpost of maintenance.