"Do pranto fez se lei" : o direito catástrofe e a mudança na legislação com acidente com o Césio 137 em Goiânia-GO

Abstract

The present research was prÃ3pos to analyze the catastrophe with the cesium 137 in Goiânia-Go in the legal field, specifically in the legislative changes resulting from the catastrophe, called the catastrophe right. The concept of catastrophe used in the work escapes from its common use in that it considers that the catastrophe produces only pain and suffering, because, using the hermeneutics of Gadamer, it is possible to consider it as a hermeneutic event subject to several interpretations and among them the one of that tragedies, misfortunes and catastrophes are capable of producing knowledge. The work also conducts the inquiry of responsibility for the event that occurred in Goiânia in the three spheres of responsibility within the law: criminal, civil and administrative. It also seeks to demonstrate how the legislation prior to the catastrophe was not adequate to deal with it and how much they hold a catalyzing power of legislative changes. The dissertation is divided into three chapters. The former carries out methodological and theoretical construction on the subject, presenting the critics of modernity and the ideal of progress, clarifying concepts important to the work, such as "catastrophe as a hermeneutic event" and "catastrophe law". The second chapter is concerned with analyzing responsibility for the catastrophe by using police reports, and public civil actions. The last chapter checks the nuclear and radioactive legislation before and after the catastrophe with cesium 137.