Caso Cabeço/SE : uma reflexão sobre litígios complexos de danos ambientais à luz da teoria crítica do direito

Abstract

Through the study of critical legal theory and the investigation of concepts such as the "commodification of nature," this research aimed to analyze how development focused on economic growth and integration into the consumer market — driven by industrialization and the exploitation of natural resources — promotes the deterritorialization of traditional populations through the implementation of megaprojects. Accordingly, Marxist critical theory is employed to examine how the flexibilization of environmental regulations benefits large capitalists in carrying out these projects. As a case study, the research examines the case of the Cabeço Village in Sergipe, which involves two public civil actions and a collective multi-party action addressing the impacts of the Xingó Dam. This dam caused the destruction of the village due to flooding, leaving its residents in a state of "environmental refugees." The Class Actions were filed by the ‘Community Association of Cabeço Village and Surroundings’ and the ‘Sustainable Development Association of Fishermen and Residents of Cabeço Village.’ Through the perspective of the second lawsuit, the study highlights implicit aspects of social reality in comparison with legal norms, particularly emphasizing relevant aspects of the environmental expert analysis, which, despite being formally adequate, failed to effectively protect the rights of the former residents. The study reflects on the impacts of development on traditional populations, bringing attention to a practical case in northeastern Brazil that has received little visibility. It raises the question of whether the total loss of housing could be judicially compensated, especially after more than twenty years of waiting for the recognition of the residents' rights.