Mining in the amazon: the legal dispute over land

• Autor(a) principal: Sousa, Suzy
• Data de Publicação: 2024
• Outros Autores: Mathis, Armin
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/640
• topic: possessory actions; court decisions; injunctions; mining; Amazon; ações possessórias; decisões judiciais; liminares; mineração; Amazônia

The outcome of a court case depends on the preparation and equipping of the litigants. The social, economic, and cultural conditions of litigants can also be determining factors in the success of one individual in relation to another. When investigating preliminary injunctions rendered in possessory actions involving Vale S.A. when the mining company litigates against parties with lower economic power, we verified that there is a tendency for decisions to be favorable to the mining company, evidencing the often-unrealistic model in which two or more parties in legal-formal equality face each other before the Court. The economic, political, and organizational advantages place Vale at an advantageous starting point in a legal dispute when facing individuals or legal entities with economic resources and insignificant information compared to that large corporation. In the same way, it demonstrates the role of the State, through the decisions handed down by the Judiciary, as an inducing and facilitating agent of the interests of the mining company. These inequalities between the procedural poles prevent full access to justice.