A internacionalização da proteção ambiental e a necessidade de maior efetividade das ações de reparação por danos ambientais: o caso de Mariana

Abstract

This article identifies the effectiveness of legal rules that require companies responsibility and sustainable action, and understanding of the courts, especially with regard to environmental damage caused by mining activities. It is shown that the judiciary, guarantees the right to a sustainable environment. In order for the response of this Power to be effective, it is necessary: rapid decision making and adoption of measures by the legitimized ones. The filing of lawsuits does not ensure the effectiveness of environmental liability, but the achievement of adequate measures can ensure environmental reparation and enable the composition between the parties, as in the Mariana episode. Methodology used: juridical-theoretical and procedure of deductive reasoning. Technique of research: doctrinal and jurisprudential.