¬Themis's unveil in socio-environmental disasters: legal invisibilities and the right of disasters

Abstract

The article presents a discussion referring to the discovery of Themis, the Goddess of Justice, as one of the challenges of Brazilian law, namely the need for sufficiently capable mechanisms and instruments to accurately recognize the size, reach, extent and different forms of impacts and impacted by the damage resulting from socio-environmental disasters. Emphasizes that such limitations in planning end up providing legal invisibilities that are consequently neglected by the instruments formal damages and impacts repair in different groups of affected. From reflections and discussions involving affected people, prosecutors and researchers, the imbrication of three elements stands out, disasters socio-environmental, legal invisibilities and the right to disasters. For reflections on these elements and their imbrications initially present brief considerations on the legal invisibilities in the disasters of the mining in Minas Gerais. Then, theoretical and scientific questions that involve the term disaster and the perspectives adopted in the different approaches of the same. Finally, some conceptual aspects will be presented about the right of disasters in a reflection between the relationship of this right with the Brazilian legal system.