STRUCTURAL PROCESS AND JUDICIAL ACTIVISM: AN ANALYSIS OF THE BRUMADINHO DAM CASE

Abstract

This article aims to analyze the structural process and judicial activism in the context of the Brumadinho Dam disaster. A literature review was carried out to understand the role of the Judiciary in holding companies involved in environmental disasters accountable and the importance of judicial activism to promote environmental justice. Then, it was exposed how the structural process and judicial activism works, so that the process could be better understood. After that, a case study was carried out on the performance of the Judiciary in the case of the Brumadinho Dam, in which its effectiveness, possible limitations, and possible measures that could have been taken were discussed. In this study, some key points were addressed, which lead us to the conclusion. The result indicates that judicial activism is essential to hold companies accountable for environmental damage, but there are challenges to guarantee the effectiveness of judicial decisions and prevent future disasters.