Insuficiências do Código de Processo Civil na resolução de processos complexos e decisões estruturais como meio de superação: o caso Samarco na ACP 0023863-07.2016.4.01.3800

Abstract

This research was done in the fields of Civil Procedure and Environmental Laws. The Brazilian Civil Procedure Code is limited to rule the traditional procedural relations, which have individual and patrimonial nature, not including complex judicial relations, like the ones present in the judgment of the "Samarco", case as called by Ministério Público Federal (MPF). Therefore, the procedural rigidity found in the Code impairs an effective juridical guarantee when dealing with Ambiental disasters. In those situations, there are a multitude of social interests involved, as well as violations of constitutional rights, allied with the necessity of an institutional reform. With that in mind, it is possible to verify that the aforementioned Code is insufficient to deal with those cases, although the structural injunction is one way of solving those impairments and capable of providing an effective legal solution. As a result, the general purpose of the research is to analyze the insufficiency of the Code in regulating those complex juridical relations, using judicial decisions in structural injunctions as way of solving, focusing on first degree rulings made in the ACP nº 0023863-07.2016.4.01.3800. The research employed the deductive method, consisting of analyzing the general characteristics of judicial decisions in structural injunctions, such as: the inicial petition, the demands formulated in the process, the probatory proceedings, the effects of the judicial sentence and the complexity of natural disaster cases, especifically analazing the breach of the dam known as "Fundão" in the Mariana district, located in Minas Gerais state, in the "Samarco" case. The results show that this case could be considered complex litigation, although the decisions made in the judgment of the ACP nº nº 0023863-07.2016.4.01.3800 cannot be considered structural injunctions, failing to provide a satisfactory solution on this occasion. Consequently, the structural injunctions could be utilized as an alternative to overcome the traditional model of civil procedure present in the Code and a way of providing an effective jurisdictional answer when dealing with complex litigation.