Intervenção judicial em áreas de risco: reflexões sobre racismo institucional e justiça ambiental em São Luís - Maranhão

Abstract

Disasters in high-risk areas are recurrent and often highlighted by the media due to the damages and fatalities caused by human occupation in regions prone to various natural hazards. The apparent negligence in resolving these events motivated the conduct of this study. This research investigated how the various actors involved in the collective judicial process address the issue of high-risk areas in São Luís, Maranhão, through the analysis of legal documents and procedural manifestations. The processes in question were initiated by the Municipality of São Luís against residents of areas affected by disaster risks resulting from heavy rainfall events in March 2019, totaling seven processes with the sole objective of ordering the immediate evacuation of residences. The main actors identified include the Municipality of São Luís, the residents (alternating between defendants and victims), the Public Defender's Office, the Public Prosecutor's Office, and the judiciary. The analysis of procedural records highlights the prevalence of institutional interests over fundamental rights, reflecting a consequence of structural racism present in the arguments and demands presented, without prioritizing the constitutional guarantees of citizens and affected communities. This study emphasizes the need to adjust the perspective of these institutions, encouraging them to go beyond their merely functional objectives and to engage in solving the problem of high-risk areas, aiming to provide dignity, security, and development for both residents and society as a whole.