Processo estrutural e o desastre de Brumadinho

Abstract

The main objective of this work is the study of the structural suit, witch has been recognized by Brazilian jurisprudence, although there is no positivity in the Brazilian legal system. Such procedural has been used for implementation of public policies, through the interference of the Judiciary and in face of the ineffectiveness of the Executive and Legislative powers. In these terms, Brazilian courts have conducted processes of this kind based on procedural flexibility, with prospective solutions to be reached, often, through negotiation and through the active participation of those involved, such as the government and civil society. Thus, this dissertation was structured in bibliographical and empirical research. The conclusions of the bibliographical research are exposed in the first two chapters of the work. Chapter 1 explains the classification of the right to promote a structural suit, identified on the basis of the studies of Robert Alexy, as well as the origins and characteristics of the procedure in question, based on the specific doctrinal production of Edilson Vitorelli, Fredie Didier Júnior, Eduardo Dantas Ada Pellegrini and Kazuo Watanabe. Chapter 2 seeks the development of a concept of structural suit, fundamental for the empirical research analysis of jurisprudence, carried out in the chapter 3, in which civil actions filed by the Public Ministry of Minas Gerais as a direct result of the Brumadinho/MG disaster were analyzed. In the end, at chapter 4, a critical analysis of the studied case was carried out and it was found that, according to the classification and concept developed in this work, the right to structural process is a fundamental right to procedure, but the analyzed legal actions are not examples of structural suit, since none of them had the scope to reorganize the public policy of dam safety or a public or private institution.