Desastre do rompimento da barragem em Mariana: análise do papel da empresa poluidora no monitoramento da qualidade da água e sua divulgação para a população, diante do dever fundamental de proteção socioambiental

Abstract

It analyzes, if it exists, and what are the grounds, for the duty of action of the company responsible for the environmental disaster in monitoring water quality and in its wide dissemination to the population, after the rupture of the dam in Mariana/ MG. Through the deductive method and the use of reports from public and private institutions and the bibliography on the subject, the following objectives were covered: to identify the main impacts on the water quality of the Rio Doce hydrographic basin caused by the rupture of the Fundão dam ( Mariana/MG); verify the correct framing of the catastrophe as a disaster resulting from human action; analyze the disaster within the notion of sustainable economic development; identify the fundamental duties, specifically the duty of environmental protection recognized by the 1988 Constitution; verify if there is a duty of action by the polluting company in monitoring and disclosing water quality after the environmental disaster. Finally, it is concluded that, after the rupture of the Mariana/MG dam, the company responsible for the environmental disaster has the duty to monitor the quality of the affected waters and disseminate information to the population, in view of the polluter pays principle and the population's duty to inform, a duty that sustains popular participation in a socio-environmental democracy and allows harmed people to have the necessary information to seek compensation for the damage.