http://dx.doi.org/10.18623/rvd.v14i30.1126
ACCESS TO DIGITAL INFORMATION IN BRAZIL
IN CASES OF ACCIDENTS:
the example of Mariana’s tragedy
Beatriz Souza Costa
Doutora e Mestre em Direito pela Universidade Federal de Minas Gerais (UFMG). Professora
de Direito Ambiental Constitucional. Pro-reitora de Pesquisa da Escola Superior Dom Helder
Câmara (ESDHC).
Email: biaambiental@yahoo.com.br
José Adércio Leite Sampaio
Doutor e Mestre em Direito pela Universidade Federal de Minas Gerais. Professor da Pontifícia
Universidade Católica de Minas Gerais e da Escola Superior Dom Helder Câmara.
Procurador da República.
Email: joseadercio.contato@gmail.com
ABSTRACT
This article aims to discuss access to information on environmental
accidents in Brazil, considering the digital age. The theme is justified by the
importance of such information, which has the potential not only to prevent
new accidents but also to save lives. To do so, we used the example of the
dam accident occurred in Bento Rodrigues, Mariana district, in the State
of Minas Gerais. In the methodological aspect, the method of deductive
reasoning was used, with a bibliographical and documentary research
technique. In conclusion, the importance of adequate dissemination of
environmental accident information has been demonstrated.
Keywords: environmental accidents; right to information; accident of
Mariana.
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ACCESS TO DIGITAL INFORMATION IN BRAZIL IN CASES OF ACCIDENTS: the example of Mariana’s tragedy
ACESSO À INFORMAÇÃO DIGITAL NO
BRASIL EM CASOS DE ACIDENTES:
o exemplo da tragédia de Mariana
RESUMO
O presente artigo objetiva discutir o acesso à informação sobre acidentes ambientais
no Brasil, considerando-se a era digital. O tema tem justificativa em função da
importância de tais informações que têm o condão não apenas de evitar novos
acidentes, mas também de salvar vidas. Para tanto, utilizou-se o exemplo do acidente
de barragem ocorrido em Bento Rodrigues, distrito de Mariana, no Estado de Minas
Gerais. No aspecto metodológico, utilizou-se o método de raciocínio dedutivo, com
técnica de pesquisa bibliográfica e documental. Como conclusão demonstrou-se a
importância da difusão adequada das informações sobre acidentes ambientais.
Palavras-chave: acidentes ambientais; direito à informação; acidente de
Mariana.
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Beatriz Souza Costa & José Adércio Leite Sampaio
INTRODUCTION
Environmental Law in Brazil has developed considerably over the
last forty years if we consider the 1972 Convention. There was a significant
development in favor of environmental protection, but a lot still has to
be done and the information shows itself as a fundamental pillar in this
engineering.
Globalization has been hand in hand with technology, providing
new forms of communication. In the meantime, e-democracy - as digital
democracy became known - emerges as a means to accelerate citizen
participation. The Aarhus Convention establishes in a paradigmatic way a
whole framework for the implementation of e-democracy, as will be seen
below.
However, digital information plays a very important role when it
promotes the participation of all citizens in building a better world. The
present research has this concern, aiming to demonstrate if the information
related to the dams are adequately made available by the public agencies
and are still used efficiently to avoid accidents and tragedies in Brazilian
municipalities in which there is the extraction of minerals that use the
containment dams of tailings, in their productive mode. It is well known
to public agencies and private companies that any activity that has dams
must obey all specific legislation for social and environmental protection.
In order to answer these questions, the method of deductive
reasoning was used, with a bibliographical and documentary research
technique. In this sense, initially will be drawn general considerations on the
environmental legislation in Brazil and its development. Afterwards, it will
enter into access to information, its principle applicable to Environmental
Law and its insertion in the era of access to information. Next, the national
dam safety policy and the barriers between access to information and the
prevention of tragedies will be presented.
1 ENVIRONMENTAL LEGISLATION IN BRAZIL AND ITS
DEVELOPMENT
In 1981, Law 6. 938, dated August 31, 1981, had already been
published in Brazil, which disposed of the National Politicization of the
Environment. However, there were still need of the founding principles so
that Environmental Law reached its autonomy.
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The Constitution of the Federative Republic of Brazil of 1988, in
a paradigmatic way, establishes in its chapter VI the matter related to the
environment, in which it has in the caput of art. 225 that: “Everyone has
the right to an ecologically balanced environment, a good of common use
to the people and essential to a healthy quality of life, imposing on the
public power and the community the duty to defend and preserve it for the
present and future generations.” (BRASIL, 1988) . In this way, the Brazilian
National Congress constitutionalizes the environmental protection
following the constitutional steps of Portugal in 1976 and Spain in 1978,
bringing in its framework the founding principles of Environmental Law.
Following the international trend, the Brazilian Constitution
of 1988 incorporated the “green rights”, which focus on environmental
protection and recognize, both from the point of view of government tasks
and individual and collective rights, the right to a healthy and balanced
environment. The “greening of the Constitution” also reinforces the
democratic instruments through the means of information and participation
guaranteed for and in the processes of socioenvironmental deliberation
(SAMPAIO, PINTO, 2016, p. 90).
It should be noted that the 1988 Constitution established
the Democratic Rule of Law and, in this sense, as well as the entire legal
system, the National Environmental Policy as a whole began to be based
on the dignity of the human person (FIORILLO, COSTA, 2012, p. 15).
Therefore, any and all environmental laws must necessarily observe the
constitutionally established grounds.
After 20 years of the Stockholm Convention, in 1992, Rio de Janeiro
hosted the United Nations Conference on Environment and Development.
ECO-92 was considered by Guido Fernando as “the largest international
meeting ever held by the United Nations and an emblematic landmark
of having been an international conference full of political meanings”
(SOARES, 2001), logically until overtaken by Rio + 20 in 2012.
It should be recalled that ECO-92 was the birthplace of two
other major environmental conventions - the Kyoto Protocol and also the
Convention on Biodiversity - and its main objective was to verify how
countries were implementing environmental protection. However, it was
in the context of the 1980s that the concept of sustainable development
emerged, created by the “World Commission on Environment and
Development”, led by the Prime Minister of Norway, Gro Harlem
Brundtland (SOARES, 2001, p. 73) known globally as the Brundtland
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Report. The report defined “sustainable development as one that meets the
needs of the present without compromising the ability of future generations
to meet their own needs” (SOARES, 2001: 73). It is important to
emphasize that the major conferences give continuity to the environmental
constitutionalism of 1988.
Thus, according to the environmental protection designed by the
Federal Constitution of 1988, it was clear that transdisciplinarity has, at
all costs, the objective of protecting the environment for a healthy and
balanced life for mankind, who must use this right to achieve its purpose.
Environmental legislation in Brazil is extensive and, since it is
impossible to cite the entire legal framework, there are some examples that
have modified environmental protection in Brazil: Law 6. 938/81 (National
Environmental Policy); Federal Constitution of 1988, establishing the
principles; Forest Code (Law 12. 651/12); Law of Water Resources (Law
9. 433/97); Law of Environmental Crimes (Law 9. 605/98); Statute of the
City (Law 10. 257/01), which included the Neighborhood Rights; Nuclear
Rejects Law (Law 10. 308 01); Biosafety Law (Law 11. 125/05); Solid
Residue Law (Law 12. 305/10), which completes seven years without
being largely enforced, and, relatively to the theme of this article, follows
the Law of National Policy on Dams Safety (Law 12. 334/10).
Within this context, some instruments dealing with the right
to information at the international level, such as the MacBride report,
developed by Unesco in 1983, should be highlighted. This document was
prepared by the International Commission on communication problems in
the world. It was chaired by the Irishman MacBride, who was the founder
of Amnesty International and Nobel Peace Prize winner (GÓES, 2010).
Making a brief synthesis, this document is known as “One world and many
voices”, “focused the media exclusion of groups, communities, peoples,
and regions and made a diagnosis on the problem of communication in the
contemporary world, proposing solutions” (GÓES, 2010).
The reading of this report shows that, even after forty-four years,
the existence of the problem of communication and information, which is
the basis for the formation of critical citizens, still remains. This should
not occur because the information “should be seen as a social good and a
collective right like any other, being as important as the right to education,
health, housing, justice and many other rights of the citizen” (ARAÚJO,
1999, p. 155).
To discuss more recent instruments concerning the importance of
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information, the Convention of the United Nations Economic Commission
for Europe, also known as the Aarhus Convention, stands out. It came
into force in 2001 in the European Union and aims to guarantee citizens’
rights with regard to access to information; participation in decisionmaking processes and access to justice in environmental matters.
This document is considered one of the most important in the area of
international environmental law. Mazzuoli and Ayala affirm that “[. . . ]
access to environmental information is fundamental to the improvement of
a global culture of cooperation, being fundamental both the information,
participation, and interference of the collectivity in environmentally
relevant decision-making processes. “(MAZZUOLI, AYALA, 2012, p.
297).
This agreement establishes first-order rights as public consultations
on a website called “The Voice of Europe”. The document sets out the
importance of governments fully integrating environmental information
into their decision-making process, as well as the duty of public authorities to
provide accurate, complete and up-to-date information on the environment
(EUROPEAN UNION, 2017).
In an innovative way, the document also encourages the active and
effective participation of all people when contemplating environmental
education to promote environmental awareness and sustainable
development. It also stimulates the public’s sensitivity and participation
in decisions affecting the environment, thus demonstrating the importance
of using the means of communication and future forms of electronic
communication as well as others (EUROPEAN UNION, 2017). However,
the Aarhus Convention has not been ratified in Brazil, because ratification
means acceptance of the principles defined between the signatory parties
and becomes part of the legal system of the country - but that is the great
expectation for the year 2018.
In Brazil, regarding the right to information, was established by
the Federal Constitution of 1988, in its art. 5, item XIV that “everyone is
guaranteed access to information and safeguarding the confidentiality of
the source, when necessary for professional practice” (BRAZIL, 1988).
The item XXXIII also states that “everyone has the right to receive from the
public agencies information of their particular interest, or of collective or
general interest, which shall be provided within the term of the law, under
penalty of liability, [. . . ]” (BRAZIL, 1988). In view of this constitutional
mandate, Law 12. 527 of 2011, which regulated the right to information
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by public bodies, was belatedly issued, covering, even if precariously,
the existence of the void. This is the Law on Access to Information that
the Union, States, and Municipalities need to implement to maintain the
transparency of all acts of government, which must prevail in public
management.
This information needs to be widely disseminated through
government websites and portals and printed newspapers. However, the
fastest way has now been the virtual information that can occur even
through social networks. The problem is that if there is digital exclusion
the whole process will be impaired, as already detected by MacBride.
Therefore, access to information must be guaranteed to all. It should be
pointed out that this article does not aim to develop the issue of digital
exclusion, even though it is a topic of extreme importance, but will be for
an upcoming research because it is a matter of extreme complexity that
demands its own research.
2 ACCESS TO INFORMATION
The protection of access to information is embodied in the rules
of Law 6938/81 and the explicit and implicit principles established in the
1988 Constitution, such as the Principle of Sustainable Development,
Principle of Prevention, Principle of Caution, Principle of Polluter Pays,
Principle of Participation, the Principle of Responsibility and the Principle
of Information, among others that are the foundations of Brazilian
Environmental Law1.
In this work we will treat objectively the information principle
in which, obviously, digital information is included that has the
communicational power at a speed never before imagined and, consequently,
develops “e-democracy and also cybercitizenship” as already pointed out
Oliveira, Dinarte and Silva (2014, p. 149).
The rapid, effective and transparent information of public
agencies, as well as private companies, make it possible to implement
participatory democracy. This information channel, especially with regard
to environmental information that involves hydroelectric construction or
mining waste containment dams, should be efficient and as effective as
possible because of the power of this information to even save lives.
1 In this sense, COSTA; REIS; OLIVEIRA, 2016; and still SAMPAIO, DYRUD; NARDY, 2003.
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2. 1 Principle of Information in Environmental Law
The information principle means that people should have access
to information about the environment. Even if there is no specific demand,
environmental authorities have the duty to keep the information on
environmental policies available to the population, as established in the
Constitution of the Republic of 1988, art. 225, § 1, items IV and VI, as
already described in this work. It is important to reinforce that information
should be available and efficient for the knowledge and action of those
involved in cases where the site is at risk due to natural accidents or even
man-made accidents.
Law 6938 of August 31, 1981, which establishes the National
Environmental Policy, states in its art. 9th that the national information
system on the environment is one of the instruments of the National
Environment Policy. In this way SINIMA was created, that is, the National
System of Environmental Information, regulated by Law 10. 650, of April
16, 2003. This system is not finished and continues in improvement. It is
the instrument responsible for the management of information within the
scope of the National Environment System (Sisnama), in accordance with
the logic of shared environmental management among the three spheres of
government, with three structuring axes:
Axis 1 - Development of tools for access to information;
Axis 2 - Integration of databases and information systems. These
two axes are interconnected and deal with geoprocessing tools,
in accordance with guidelines established by the Electronic
Government - E-gov, which allow the composition of interactive
maps with information from different thematic and information
systems. They are developed with the support of the General
Coordination of Information Technology and Informatics (CGTI)
of MMA;
Axis 3 - Strengthening of the production process, systematization,
and analysis of statistics and indicators related to the attributions of
MMA. This is the strategic axis of SINIMA whose primary function
is to strengthen the production process, systematization and analysis
of environmental statistics and indicators; recommend and define
the systematization of a basic set of indicators and establish an
agenda with institutions that produce environmental information;
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allow integrated evaluations on the environment and society.
(MMA, 2017)
Certainly public bodies have taken into account documents such
as the 1998 Aarhus Convention (Denmark), since, according to Machado
(2016, 123), the aforementioned Convention understands that “information
on the environment means all information available in written, visual,
oral or electronic or in any other material form on (a) the state of the
environment, such as air and atmosphere, water, soil, land, [...]”. Also add
natural sites, biological diversity, among others.
Machado (2016, p. 12) further teaches that “environmental
information received by public agencies must be transmitted to civil
society, except for matters involving proven industrial or state secrecy.
“Environmental information must be transmitted systematically and not
only in so-called environmental accidents. The author adds that they should
be “transmitted in order to allow enough time to the informed to review the
matter and be able to act before the public administration and the judiciary
[. . . ]”(MACHADO, 2016, p. 12).
However, despite the existence of several means of communication,
this work identifies the importance of information in the digital era and its
efficiency and applicability in cases of accidents involving tailings dams.
2. 2 The digital information age
The transformation undergone by the world with the digital
information age is unprecedented. The most obvious social change was the
form of communication. Castells argues that the internet is an old technology
that was implemented in 1969 and spread twenty years later by many
factors, which are not the time to list them (CASTELLS, 2000). Therefore,
this diffusion modified the way of watching television, journalism and the
creation of new social spaces on the Web, which combine sociability and
experimentation. Thus, there were radical transformations in the economic
and cultural areas - this is what Castells calls the “key-spatial-feature
of the networked society and the networking between local and global”
(CASTELLS, 2000, p. LX).
Since 1988 the Spanish sociologist Manuel Castells has dedicated
himself to this theme as one can see from the three volumes of the book
“Information Age: Economy, Society, and Culture”: the network society,
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the power of identity and the end of the millennium. And despite having
favorable opinions about the network, the said author considers that:
Nowadays, people produce forms of sociability rather than following
patterns of behavior. The changes in the relations of production,
power, and experience converge to the change of the material bases
of social life, space and time. [. . . ] Technology reduces time to a
few random instants and thus disarms the sequence of society and
the development of history. (CASTELLS, 2014, p. 475)
The author also warns of what he called “real virtuality,” which
consists of “[. . . ] a system in which reality itself (ie material/symbolic
existence of persons) is completely immersed in an environment of virtual
images in the world of make-believe, in which symbols are not just
metaphors, but encompass real experience itself. “ (CASTELLS, 2014, p.
475).
Castells’ experience and knowledge are important because he
makes distinctions of terms that are very easy to confuse. In this sense, the
author explains what he means by network society:
All expressions of all times and all spaces are blended into the same
hypertext, constantly reorganized and communicated at any time,
anywhere, according to the interests of the emitters and the moods
of the receivers. This virtuality is our reality because it is in the
structure of these timeless symbolic systems devoid of place that we
construct the categories and invoke the images that shape behavior,
influence politics, cherish dreams and provoke nightmares.
(CASTELLS, 2014, p. 476)
The author alerts that the network often creates conflicts,
contradictions, and challenges in the form of social organization
(CASTELLS, 2014). In this respect, he concludes that “[. . . ] information
societies cannot be reduced to the structure and dynamics of networked
society”. (CASTELLS, 2014, p. 476). Therefore, the information society is
characterized as the post-industrial or informational one marked by a new
economy (CASTELLS, 2014).
In short, understanding the terms used routinely by people, one
begins to discover the meaning of this whole situation of transformation
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with the introduction in a society of the information age that must be used
responsibly:
[. . . ] it is possible to affirm that information is the basis for a
citizen’s critical formation about everything that interferes with his
well-being. In relation to the interests and public affairs of society,
access to information becomes a tool to combat corruption and
illicit acts of government: for accountability and good governance
of public bodies; to evaluate the performance of government by
providing data on the economy, social policies and other issues of
public interest; for public participation through open and informed
debate. (ALVES; ANDRELO; CABRAL, 2016, p. 49)
The need to inform citizens about the integrality of existing
environmental legislation and the actions of Federal, State and Municipal
Governments through their services are fundamental for the replication of
information in many ways, such as on NGOs sites, blogs, Twitter, Facebook,
etc. In addition, it is necessary to use the entire legal structure created for
this purpose, mainly to inform the population located near dams, be they
hydroelectric dams or dams to contain tailings from mining - hence the
importance of specific legislation on dam safety.
3 THE NATIONAL DAM SECURITY POLICY: LAW 12. 334/2010
Brazil constitutes, economically, as a predominantly mineral
country. Within this context, many Brazilian municipalities have to mine
as their main economic characteristic and need to build tailings dams,
especially those with iron deposits. Environmental licensing for the
construction of these dams will not be the object of this article, but rather
what they can cause without the necessary information for the communities
close to these facilities.
Against this backdrop, information is vital. As already seen,
Brazil is currently concerned with informing citizens about the situation
on the environment, as can be seen on the websites of the Ministry of
the Environment (MMA), the National Water Agency (ANA), the National
Water Resources System and many other state channels. Oliveira et al
emphasize that:
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Access to open data, especially public government data, enables
citizens to interact with the community, and with their governments
in their various spheres. Therefore, ensuring free development
applications and platforms based on open data is one of the pillars of
a democratic society nowadays. (OLIVEIRA; DINARTE; SILVA,
2014, p. 152).
However, several accidents and tragedies have occurred in
Brazil without the information helping to reduce the degree of human,
environmental and economic losses. The emblematic example that gained
international notoriety was the case of Samarco Mineração SA. In brief
synthesis, the accident happened on November 5, 2015, when there was
the rupture of the containment dam of mineral waste belonging to the
Samarco company. The mud of the so-called Fundão dam installed in
Bento Rodrigues, in the state of Minas Gerais, flooded a vast area with
tailings from its production process.
Bento Rodrigues is a sub-district of the Minas Gerais municipality
of Mariana, located 35 km from the center of Mariana and 124 km away
from Belo Horizonte. It was a municipality with an estimated population
of 600 inhabitants, which occupied about 200 properties. It was a mining
town from century XVII and the road of the Royal Route crossed its urban
center. In addition to the Fundão Dam, the sub-district houses the Santarém
Dam, both operated by the mining company Samarco.
The mud from the dam ruptured areas up to 2,5 m high and reached
the channel of the Rio Doce from that point to its mouth, characterizing
itself as the largest environmental disaster in Brazil. The rupture of the
Fundão Dam caused 19 deaths, devastated the entire life of the city of
Bento Rodrigues and polluted to the coast of Espírito Santo, affecting
fishing and water supply in several cities, such as Governador Valadares Minas Gerais, which was one of the more affected.
The Federal Public Ministry (MPF) estimated the preliminary
amount of repair as R$ 155 billion. The Public Civil Action filed reaches
359 pages, with more than 10 thousand pages of technical reports,
inspection reports, and statements that instruct it. In its midst, the MPF
formulated more than 200 applications. Subsequently, it was postulated,
among other requirements, that the companies Samarco, Vale and BHP, in
an act of solidarity, deposit in a own private fund, under management and
supervision of an independent audit, the initial value of R$ 7. 7 billion,
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corresponding to 5% of the minimum valuation of the damages, and present
adequate guarantees to the full reparation of the damages. (PGR, 2016)
It is important to point out that in Brazil there are currently about
17. 259 dams cataloged by the National Water Agency (ANA), although not
all of them consist of ditches from mining tailings. To these corresponds the
amount of 3. 772, many also linked to Hydroelectric Dams (ANA, 2017).
The State of Minas Gerais has inventoried about 731 dams of
mining tailings, according to information from FEAM - State Foundation
for the Environment. This list contains the name of the company and the
situation of stability of each. The basins of the Rio São Francisco and
Rio Doce concentrate most of the mining tailings containment dams in
the State of Minas Gerais, and this information is managed by the State
Environmental Foundation (MINAS GERAIS, 2017). However, such data
took a long time to compile for a country that has the strategic mining
profile, since it was only in 2010 that ANA began this collection of statistics.
Minas Gerais, in turn, started the inventory in 2011, logically after
several accidents. These accidents that occurred previously did not obtain
international repercussions, but had harmful social and environmental
consequences, as the Public Prosecutor informs:
In 2001, the rupture of the Macacos dam, also in Minas, left five
dead. In 2003, in Cataguazes (MG), more than 600 thousand people
were left without water supply due to the rupture of the Cataguazes
Papel dam, with the discharge of 1. 4 billion liters of black liquor.
In 2007, the Miraí dam (MG) broke and poured more than two
million liters of bauxite sludge. A thousand and two hundred houses
were hit and about 4. 000 people were evicted. In 2009, the breach
of the coal fines dam at the Cruz de Malta mine in Santa Catarina
compromised the waters of the Mãe Luzia river. As early as 2014,
a reservoir of coal fines broke at the 3G mine in Santa Catarina,
severely damaging the waters of the Tubarão River and the local
fauna and flora. On February 5, 2016, the sand mining dam breaking
in Jacarei, São Paulo, committed the waters of the Paraíba do Sul
River, the main water source for residents of Rio de Janeiro and Sao
Paulo, states hit by a serious water crisis. (PGR, 2016)
It is admirable that only after so many accidents came the edition
Law 12. 334, of September 20, 2010, but oversight of ventures becomes
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essential for such tragedies not to recur.
Resuming the event of Bento Rodrigues, in the analysis of the
first information by the MPF were detected “[...] failures in the inspection
of the enterprises due to lack of structure and outdated legislation, which
does not provide financial guarantees, environmental regularity, and waste
reduction.” (BRAZIL, 2017a). Toledo, Ribeiro and Thomé warned that
“[...] the safety of a dam is related to the maintenance of its structural and
operational integrity, a sine qua non condition for the preservation of the
ecological balance, life, health, and must be considered in all its phases”.
(TOLEDO, RIBEIRO, THOMÉ, 2016, p. 80) - which certainly did not
occur with the Fundão dam.
Objectively, Law 12,334 of 2010 instituted the National Policy for
the Safety of Dams - PNSB, for the accumulation of water for any use, the
final or temporary disposal of tailings and the accumulation of industrial
waste. Through it was established the National Information System on
Dam Safety (PNSB).
The PNSB changed the redaction of art. 35 of Law no. 9. 433/1997
(which instituted the National Policy on Water Resources), regarding
its competence. The same law also modified arts. of Law 9,984/2000,
which created the National Water Agency (ANA), the federal entity
for the implementation of the National Water Resources Policy and the
coordination of the National Water Resources Management System.
(BRAZIL, 2003)
The Ministry of the Environment, attuned to and in compliance with
art. 7 of Law 12. 334/10, through its National Council of Water Resources,
created Resolution 143/2012, which establishes the general criteria for the
classification of dams by category of risk, associated potential damage
and by their volume. The MMA also developed Resolution 144, which
established guidelines for the implementation of the National Policy
on Dams Safety, application of its instruments and performance of the
National Information System on Dam Safety (SNISB).
Also in compliance with the Dams Security Law, came the Portaria
416/2012 of the National Department of Mineral Production (DNPM)
which, in addition to creating the National Mining Dams Registry,
established the Safety Plan, Periodic Safety Review and Inspections
Regulatory and Special Safety Requirements for Mining Dams, pursuant
to Law 12. 334/10. Also created by the same body, Administrative Rule
526/2013, which established the periodicity of updating and revision, the
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Beatriz Souza Costa & José Adércio Leite Sampaio
qualification of the technical responsible, the minimum content and the
level of detail of the Emergency Action Plan for Mining Dams (PAEBM),
as Law 12. 334/10.
In the three years following the publication of Law 12,334 in 2010,
a race against time was initiated by public agencies, in order to regulate
it. However, in addition to regulating, such bodies should also oversee all
ventures in an ostensible way, which did not happen.
3. 1 When information is not efficient to avoid tragedies
Despite all the legal framework established, the recent legislation
has not obtained the necessary implementation of an extreme risk activity
for society and the environment, such as mining. On the other hand,
“engineering has not yet been able to develop a technique that ensures total
safety to dams and may never do so” (SAMPAIO, 2016, our translation)2.
Now, no legislation or information will be effective if engineering is
not successful. However, what the accidents have indicated is the lack
of planning and articulation between the public authorities and society,
disregarding the imperative need for communication and actions that are
reliable to what was planned.
In the case of Samarco, the absence of an Emergency Action Plan
was verified, although the company was aware that its activity is risky and
obligatory under the law. And, although it seems absurd, the Fundão Dam
was characterized as having a low risk of disruption, as recorded in the
FEAM archives (FEAM, 2017). Due to this erroneous classification, there
was no complexity to approve the company’s licensing.
It is important to note that all information on the public service
sites mentioned has not been used or expanded to provide accurate data
as it should be. Soon, the robust legislation of human and environmental
protection became innocuous before all those affected by the disaster of
Mariana.
The context of a dubious environmental licensing added to the
absolute inoperability of communication of all forms after the accident.
The Company’s Emergency Plan (SAP), in turn, “[...] did not provide
for strategies to warn potentially affected communities in an emergency
situation, in the event of a disruption, in violation of national legislation”
“Engeneering was not yet able to develop a technique that ensures full security
to dams and maybe it never will”.
2
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(SORIANO et al, 2016).
Soriano et al. affirm that “[...] communication failures in this
disaster are in contrast to the current trend of alert and risk communication
systems” (2016, p. 56). This is because there must be involvement of
people as participants in the planning and operation of alert systems.
People-centered alerting systems, in contrast to technically-oriented
systems, are called bottom-to-up “, starting with communities
that could be affected and planning the system according to the
characteristics of these communities (SORIANO et al, 2016, p. 56).
Therefore, it is important “to ensure that alert systems are planned,
implemented and operated with the aim of empowering the people who
need them most” (SORIANO et al, 2016, p. 57). Such empowerment “[.
. . ] refers to adequate information about the risks they face and how to
minimize losses if a catastrophic event is anticipated” (SORIANO et al,
2016, p. 57).
To make a parallel, in the United States the information about
environmental disasters are disclosed by the Federal Emergency
Management Agency3 (FEMA, 2017, our translation), which provides
on its website all information about any possible accidents, for example,
biological threats, chemical threats, cyber incidents, earthquakes,
explosions, tornadoes, tsunamis, floods, accidents dams, among others.
This website provides fundamental information in all cases
mentioned. When the citizen accesses one of them, he receives detailed
information about what to do and how to do in case of accidents. Therefore,
there is information and maps that form a mechanism not only for prevention
but also for contingency in the event of an accident - especially with regard
to accidents with dams of all kinds.
Specifically on the dam safety information (Dam Safety), the
federal government agency states that “the dams are the most critical parts
about our nation’s infrastructure, and yet, all citizens are benefiting from
this type of structure including the flood prevention, water supply, electric
power and recreation” (FEMA, 2017, our translation)4.
3 Federal Emergency Management Agency.
4 “Dams are a critical part of our nation’s infrastucture and all Americans enjoy the benefits they
provide, including flood protection, water supply, hydropower, irrigation and recreation. ” As for this
situation, it still informs the organ: “ However, our dams are aging and many are deteriorating, while
downstream and upstream populations are increasing. Everyone has a role to play in creating a future
where all dams are safer-including dam owners, engineers, community planners/leaders, and federal
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In this same sense, there is in Brazil the Ministry of National
Integration which has among its competences the monitoring and
evaluation of integrated national development programs and also works
against droughts and water infrastructure and civil protection (MIN,
2011). The site of this Ministry contains information on the occurrence
of environmental disasters such as floods, floods, hail, floods, mass
movements, tornadoes and vendors, which are provided by the National
Secretariat for Civil Protection and Defense. This body was created by the
National Policy on Protection and Civil Defense - PNPDEC, instituted by
Law 12,608 of April 10, 2012, which aims at disaster risk management
and disaster management, with the purpose of ensuring social, economic
and environmental conditions suitable for the dignity of the citizen. (MIN,
2017)
However, the information created, managed, and made available on
the MIN website - unlike the US FEMA site - is incomplete, inaccessible,
and undisclosed - problems that, associated with the desperation of the
citizen in an emergency, will result in ineffectiveness. The existence of
the National Center for Risk and Disaster Management - CENAD, created
in 2005 through Decree no. 5,376, which aims to manage, with agility,
strategic actions of preparation and responses to disasters in national
territory and depending on the case also international. (MIN, 2017)
After analyzing the entire Brazilian legal framework, it is possible
to think that Brazil is prepared for extreme events such as dam accidents
since everything indicates that somehow the information reaches those
involved in disaster situations. However, the experience of Mariana’s
tragedy evidenced the lack of precise information “everything about
everything” - from the trivial about “where to go” to the imperative of
“how to survive” in case of a dam accident - and also the lack of a plan
emergency response that provides the immediate and urgent response
required for an accident of such magnitude. All this with no consideration
for the information and plans absent in Brazil about what is perhaps the
most important: how to prevent accidents.
and state regulators” (FEMA, 2017). “However, our dams are aging and many are deteriorating, while
upstream and upstream populations are increasing . Everyone has a role to play in creating a future
where all dams are safer - including barrage owners, engineers, planners/community leaders, and
federal and state regulators. “ (FEMA, 2017).
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CONCLUSION
Brazilian environmental legislation has developed significantly
from the 1980s to the present day. This constructive journey came from
the concept of sustainable development to the forging of an e-democracy,
based on the Arhus convention and other documents thanks to information
technology.
Digital media and information technologies can and do contribute
to reducing the number of victims of environmental accidents and, in
general, by communicating risk and contingency measures in the event of
an accident. Ease of access and speed in the transmission of information
represent tools that allow the drastic reduction of risk, especially when
official communication is efficient.
Information should be considered a citizen’s right because it is
through it that knowledge can be transformed into effective actions, as
already defended by MacBride in the report “One world and many voices”
[Um mundo e muitas vozes]. Access to information from public and
private agencies enables the implementation of participatory democracy.
Therefore, reliable information should be made available under the terms
established by the various laws commented on in this work, such as Law
6938/81, which created SINIMA, and Law 10. 334/10, which specifically
establishes the obligation of information on tailings dams, in addition to
other environmental agency regulations.
The digital information age, as approached by Castells, should
provide an efficient service in dams accident cases, but for this, all public
environmental agencies should be in line to disseminate accurate, coherent
and easily accessible information - which exists in Brazil in fact. The little
information compiled on the website of the Ministry of National Integration
- where the types of accidents are listed - are difficult to access, outdated
and under-publicized. This situation undermines the public’s confidence
in official information and conveys a sense of abandonment and neglect,
especially in relation to those who live near the risk areas.
The disaster of Mariana highlights the importance of the media and
also the need for accuracy and speed in the dissemination of information.
The accident demonstrates the total unpreparedness of public services in
the collection and processing of information, which directly influences
their inability to take action to prevent new occurrences. The negative
consequences of government disorganization spread like the mud of
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Beatriz Souza Costa & José Adércio Leite Sampaio
Mariana to all sides, causing losses of lives, environmental economics. The
most objective conclusion is that public environmental agencies should
seriously implement the entire legal framework on dam accidents in the
country.
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