The invisible victims of the Mariana/MG tragedy: an analysis of "tac-governança" from the perspective of theory of memory

• Autor(a) principal: Oliveira, Antônio Leal de
• Data de Publicação: 2021
• Outros Autores: Nascimento, Manuela Andrade do
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13961
• topic: Desastre de Mariana. Não-inclusão. Oprimidos. Teoria da Memória. Termo de Ajustamento de Conduta.; Conduct Adjustment Term. Mariana Disaster. Non-inclusion. Oppressed. Theory of Memory.

CONTEXT: This research was based on the rupture of the dam of Fundão, Mariana - MG, and its developments in what concerns the repair of damage to the affected. OBJECTIVE: The main objective of the work is to analyze how the so-called "TAC-Governance", considered a milestone for the (re)structuring of the damage repair system caused by the Mariana disaster, supports the maintenance of those affected in a cycle of permanent forgetfulness, considering the Theory of Memory of Walter Benjamin and the points raised by themselves in the Technical Opinion nº 279/2018, held Secretariat of Expertise, Research and Analysis, the MPF and the Coordination of Social Inclusion and Mobilization, MP-MG. METHOD: Using the hermeneutic-phenomenological method and relying on the techniques of bibliographic research and document analysis, some criticisms were made regarding the non-inclusion of those affected at the time of construction and elaboration of the aforementioned adjustment, from the perspective of the oppressed. RELEVANCE / ORIGINALITY: Both the relevance and originality of the research is concentrated in the analysis of the Mariana disaster, and the "legal solution" designed to promote damage repair, from the perspective of the affected based on the benjaminian Theory of Memory, theoretical matrix that reveals the critical theory bias used in the article. RESULTS: The intersection between benjaminian theory and law makes it possible to emphasize the importance of recognizing the experiences of those affected, since it is from the perspective of those who suffered, and still suffers, with the direct and indirect consequences of the disaster it will be possible to develop a more effective repair of the damage. THEORETICAL / METHODOLOGICAL CONTRIBUTIONS: The theoretical contributions achieved in the development of the article lead the reader to the need to apply the law attentively, inclusively and compassionately to those who have been, for one or more reasons, silenced, because it is from the perspective of the oppressed that it will be possible to "do justice".