OF THE CIVIL LIABILITY OF THE STATE FOR FISCALATORY OMISSION: ACCIDENTALITY CAUSED BY THE BREAKAGE OF BRUMADINHO BARRAGE

Abstract

The present article results from a research that had the objective of investigating the possibility of State civil responsibility in the case of the rupture of the tailings dams 1, 4 and 4A of Mineradora Vale S.A., in the Mine of Feijão, in the Municipality of Brumadinho/MG. The descriptive and exploratory method was used. The hypothesis proposed was that the Union and the State of Minas Gerais are, in theory, civilly liable jointly and severally for the damages caused, but, in the present case, their civil liability is subsidiary, considering that Vale acknowledged that it was responsible for the damages resulting from the rupture of its dams. The methodology consisted of bibliographical research, case law and relevant legislation. After identifying the causes, consequences and pointing out the failures of the primary responsible for the tragedy, the State’s liability theory was examined for non-contractual damages, aiming to demonstrate that, like the mining company that exploits dams, federal entities can be co-responsible for damage and compensation for the respective victims, if they were negligent in licensing and supervising the construction and operation of the dams. The conclusion is that the hypothesis was confirmed.