Importância dos métodos autocompositivos como forma de acesso à justiça e suas implicações em litígios estruturais: análise do programa de indenização mediada da Fundação Renova no acidente ambiental de Mariana/MG

Abstract

This paper investigates how self-compositional methods can ensure effective access to justice in structural disputes, with a focus on environmental disasters. The research is based on the hypothesis that conciliation and mediation, by promoting dialogue and cooperation between the parties, can significantly contribute to the resolution of complex conflicts, such as the case of the Fundão dam collapse, which occurred in Mariana/MG. The study addresses the legislative evolution on the subject, highlighting the role of the 2015 Code of Civil Procedure and Resolution No. 125/2010 of the CNJ in promoting a more collaborative justice system. Using the hypothetical-deductive method and adopting exploratory and descriptive objectives, the research analyzes the Mediated Compensation Program (PIM) of the Renova Foundation, aiming to identify the flaws and obstacles faced in the process of repairing damages. Among the main problems found, the adversarial stance of the Foundation and the slowness in implementing adequate solutions stand out. In conclusion, it is concluded that, although self-composition methods represent an effective alternative in structural disputes, their effectiveness depends on a robust structure of state supervision, carried out by the judiciary, in addition to the vigilant action of institutions such as the Public Prosecutor's Office and, almost always, the Public Defender's Office. The work highlights the importance of continuing to improve and encourage the use of these practices in the Brazilian legal system, as an appropriate method for resolving these types of conflicts, resolving them more effectively from an economic and temporal perspective, with greater satisfaction for those involved.