O naufrágio do navio Haidar sob a ótica dos princípios do poluidor pagador e da reparação

Abstract

One of the major socio-environmental challenges is related to the absence of legal criteria for the identification and compensation of victims of mass environmental damage. Because of this difficulty, the agreement between the polluter and victims has been used to make some compensation possible. Worth mentioning is the judicial agreement signed on 07/02/2018, in the case of the shipwreck of the Haidar Ship in the Port of Vila do Conde in the city of Barcarena in Pará, considered a judicial agreement that enabled the indemnification of the largest number of victims of environmental damage in Brazil , reaching more than 5.000 (five thousand) families. This research examines the extent to which the agreement reached is compatible with the polluter pays and repair principles. The specific objectives have focused on analyzing the legal content of the polluter pays principle and the remedy; to analyze the Haidar shipwreck case and the challenges related to the legal agreement reached to compensate for damages and compensation of the victims, as well as to analyze the extent to which the legal agreement complies with the principles of the polluter pays and of reparation. The methodology followed the guidelines of a qualitative research with documental analysis and legal doctrine. In this analysis, it was concluded that these principles could have been applied with more practical efficiency in the solutions that were obtained in the decision, taking into account particularities of the way of life of the riverside, to gauge in an adequate way the intangible necessities that these individuals also have, of course, the needs of the environment that has been degraded.