Viés judicial envolvendo grande empresa mineradora na Amazônia: um estudo jurimétrico

Abstract

This dissertation aimed to identify the existence of bias in judicial decisions in litigation involving a large mining company operating in the state of Pará, Brazil. We sought to identify whether there is a predominance of favoring the company, as well as to analyze the correlation between the differences of power of the litigants and the result of the judicial decisions. We start from the hypothesis that large companies have the advantage to use the legal system and take advantage of it for their own benefit when against litigants without the same financial resources and, therefore, judicial decisions tend to place themselves alongside the economically superior part. Based on the analysis of judgments given by the TJPA's firstdegree judges in civil cases, it was found that the litigant with greater economic power is more likely to be favored by a local judge's decision. The chance that injunctions will benefit a large corporation is almost twice as likely to be favorable to the judgment. This time lapse guarantees more advantages to the mining company. We conclude that the judicial bias favoring large companies is related to their superiority in "weapons", that is, to the economic, political and organizational advantages that make Vale an advantageous starting point. This supremacy allows large corporations to subvert justice in order to increase their profits and gain benefits. In addition, the prevalence of large companies in certain municipalities in which they operate may affect the outcome of how the legal system actually enforces the laws. In this sense, by chancelling the interests of certain economic groups through skewed and delayed judicial decisions, the State judge prejudices the effectiveness of fundamental rights.