O PODER ECONÔMICO COMO FATOR DE (IN)EFETIVIDADE DO DIREITO

O CRIME DA SAMARCO NO ROMPIMENTO DA BARRAGEM EM MARIANA-MG (2015) SOB A ÓTICA DA TEORIA CRÍTICA DO DIREITO

Abstract

The article explores the interconnection between Law and capitalism, highlighting the non-neutrality of Law and its relationship with economic power structures. Based on the Samarco Case, in the crime of the dam collapse in Mariana-MG, in 2015, this article seeks to analyze the way in which the legal system tends to favor companies to the detriment of victims, seeking to explain contractualization and the avoidance of criminal liability as developments of legal form and legal subjectivity. To this end, the study investigates the effects of the distinction between countries of central capitalism and peripheral capitalism with regard to the conception of credibility of institutions, which are more resistant to the influence of large corporations in central economies. Thus, the submission of Law to the logic of production and relations of domination of the capitalist system is discussed, revealing its intrinsic contradictions, its ineffectiveness in guaranteeing equitable justice and the importance of considering the particularities of the experiences of peripheral Latin American societies.