Caso Pinheiro: análise da atuação extrajudicial do Ministério Público Federal no âmbito do Programa de Compensação Financeira e apoio à realocação da Braskem - PCF entre 2020 e 2022

Abstract

The right to housing is a fundamental right, provided for in the Federal Constitution. This paper studies the Pinheiro case and the sinking of neighborhoods resulting from a geological phenomenon caused by the mining activities of the Braskem company. The focus of the study is the intervention of the Judiciary Branch aiming to recompose fundamental rights violated in the context of a collective conflict of radiated diffusion. Using a deductive method, the work analyzes the relocation and compensation process of thousands of people under Braskem's Financial Compensation and Relocation Support Program - PCF, created after the agreement reached with public institutions. Furthermore, the study verifies the effectiveness of the extrajudicial action of the Federal Public Prosecutor's Office within the scope of the PCF, given that one of the institutional functions of the Ministerial Body is to promote the defense of diffuse and collective interests. The research examines the actions of the Federal Public Ministry to solve alleged irregularities reported by the residents of the affected neighborhoods, in the indemnification process that aims at the effective indemnification and financial compensation. The research concludes that the actions of the Federal Public Prosecutor's Office, between the years 2020 and 2022, contributed to a significant decrease in the difficulties in obtaining compensation or even entry into the Program, in addition, the ministerial action enabled the discussion of the clauses of the agreement, promotion of additive terms, consolidation of resolutions and review of the risk map with the inclusion of new properties in the Financial Compensation Program.