THE RIGHT TO THE ECOLOGICALLY BALANCED ENVIRONMENT, THE BRUMADINHO DISASTER IN BRAZIL AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

January 25, 2019, in Brazil, was the scene of one of the biggest environmental accidents in the world in terms of ore, with the rupture of Dam I, of the Feijão mine, in Brumadinho, Minas Gerais, which caused a total of 333 dead and missing, in addition to the exposure of more than 727 people at risk of death. Thus, in the light of the human right to an ecologically balanced environment, the presen study raised the objective of highlighting Brazil's possible accountability to the Inter-American Court of Human Rights, in view of its precedents in protecting the environment. In this sense, a bibliographic analysis was adopted by methodology in which the judges of the Court were studied, with emphasis on the case of Claude Reyes and others v. Chile; the Kawas Fernández Vs. Honduras case; the case Kichea indigenous people and Sarayaku v. Ecuador. In this tuning fork, it was verifiedthat there are solid precedents for supporting possible international accountability of Brazil before the Inter-American Court of Human Rights, due to the disrespect for the rights enshrined in the commitments assumed in the field of International Human Rights Law, deeply related to the right to healthy environment.