RESPONSABILIDADE CIVIL ESTATAL E REPARAÇÃO ÀS VÍTIMAS

a omissão na fiscalização das barragens de Mariana e Brumadinho em Minas Gerais

Abstract

This article aims to analyze the state's civil liability for compensating victims in cases of oversight omission, focusing on the incidents involving the Mariana and Brumadinho dam disasters in Minas Gerais, Brazil. It explores the legal implications of state negligence in supervising Vale S.A.'s dams, highlighting the lack of proper inspection and the transfer of responsibilities to mining companies. The study examines the repercussions of state inaction on affected populations, emphasizing the persistent inactivity of the Public Administration in the face of catastrophic events resulting from a lack of oversight. The analysis of state responsibility is justified by the intrinsic obligation to act, considering the identified deficiencies that led to human and environmental disasters. The article seeks to demonstrate the nature of the state's civil liability in its omission, analyze the factors of negligence by the Public Administration in dam supervision, and address the elements that constitute the duty to compensate, discussing the reparations owed to affected citizens. The methodology involves research in academic sources of Administrative Law, investigation of legal regulations, and consultation of specialized journals and newspapers.