08/12/2023 – 13:08
The legal area of the Comptroller General of the Union (CGU) had a different understanding from the technical area of the body and reduced the value of the fine imposed on the German multinational Tüv Süd, accused of defrauding documents on the safety of the Vale dam in Brumadinho (MG) which ruptured in 2019, in an environmental disaster that left 270 people dead. The fine, originally estimated at R$22.7 million, was applied at R$18 thousand, with a 99.9% reduction in value.
The understanding of the CGU legal department exempted the multinational from the irregularities in the reports, directing the accusation only to the Brazilian branch. Therefore, the calculation of the fine began to take into account the revenue of the branch and not the head office, which caused the drastic reduction. The CGU report was obtained by G1. To the EstadãoTüv Süd Brasil said it disagreed with the decision and stated that it would appeal, “given that the company issued the stability declarations in accordance with applicable legislation”.
The case was initiated by the CGU two years after the collapse of the Vale de Córrego do Feijão dam, in Brumadinho. According to the complaint, the Brazilian company had falsified documents claiming that the dam would be stable in June and September 2018, even though it knew there were risks. The false reports were sent to the National Mining Agency (ANM) and guaranteed the continuity of the dam’s operation.
Although an executive from the parent company was mentioned in email exchanges between Tüv Süd Brasil employees, the legal department understood that “there is no indication” that the parent company was aware of or participated in the fraud.
The conclusion of the CGU of August 2021, however, does not establish causality between the false reports and the dam collapse, merely analyzing the conduct of the companies. Before the technical report reached the head of the body, it was reviewed by the legal department, which reviewed the decision, made in October this year. The fine was imposed at the end of November.
Wanted by Estadãothe Brazilian company Tüv Süd Brasil, a subsidiary of the multinational Tüv Süd Industrie Service said it will appeal.
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