Samarco, Vale and BHP Billiton were ordered to pay R$47.6 billion in moral damages for the collapse of the dam in the city in 2015
O MPF (Federal Public Ministry) and the DPU (Union Public Defender’s Office) submitted a request to the Federal Court for the immediate execution of the decision that condemned the mining company Samarco and its shareholders OK It is BHP Billiton to the payment of R$47.6 billion in collective moral damages for the collapse of the Mariana dam (MG) in 2015.
On that occasion, a dam located in the rural area of Mariana (MG) broke, releasing an avalanche of waste that caused impacts in dozens of cities in Minas Gerais and Espírito Santo, along the Doce River basin.
Mining companies recognized 19 deaths in the episode. A pregnant woman who miscarried after being dragged through the mud is seeking court recognition of her son as the 20th victim of the tragedy.
The conviction of the mining companies for collective moral damage was decided in January this year by federal judge Vinícius Cobucci, who defined that the R$47.6 billion should be used exclusively in the impacted areas. The mining companies presented appeals.
The execution request, released by the MPF on Friday (May 17, 2024), was also signed by the public ministries and public defender offices of Minas Gerais and Espírito Santo. The 6 Justice institutions also consider that, with monetary updates, mining companies will have to pay almost R$100 billion.
For the MPF and other authors of the request, it is necessary to consider the extensive duration of the process. “The passage of time is absolutely irremediable for the affected community: it radiates helplessness, aging, loss of faculties (physical, work, mental and relational), death and, with regard to environmental degradation, loss of possibilities for the restoration of fauna and flora”records the request addressed to the court.
“The civil liability of companies for damages related to the disaster was never discussed, but only the extent of these damages and which people were actually affected. What is under discussion is only the exact extent of the damage and, consequently, the amount that will have to be spent on compensation and the people who will be covered.”
A new request was also made for a sentence to be given regarding damages involving homogeneous individual rights. Judge Vinícius Cobucci already denied a first request in January this year. The magistrate assessed that no categories of groups affected were indicated nor was there any evidence attesting to the relationship between the tragedy and the damage to each of these categories.
The judge also indicated the need to establish parameters and procedures for later identification of victims and establishment of a method for calculating compensation.
Damages involving homogeneous individual rights are part of the individual damages associated with the tragedy. They refer to violations that occurred in a single event, which affected several people individually at the same time and in the same way. They do not therefore include different situations experienced in a particular way by a given victim. For the 6 institutions, there were undisputed damages, with no doubts as to the existence of the duty to compensate.
In the new request, the DPU, the MPF and the public defender offices and ministries of the 2 affected States indicate some references for individual compensation, including the diagnosis and compensation matrix that were produced by the FGV (Getulio Vargas Foundation).
Justice institutions also suggest that individuals and legal entities who have had productive and economic activities impacted, who have suffered violations of fundamental and social rights to work and adequate food, who have had their homes and backyards invaded by mud and who have suffered interruption of drinking water supply.
REPAIR
The conviction requests presented by the 6 Justice institutions occur in parallel with extrajudicial discussions on the reparation process. More than 8 years after the tragedy, the implemented model is the target of criticism and, since 2022, the parties have been seeking a new reparation agreement. The expectation is to reach a renegotiation of the necessary measures, but so far there has been no consensus.
To repair the damage caused by the tragedy, a Transaction and Conduct Adjustment Agreement was signed in 2016 between the federal government, the governments of Minas Gerais and Espírito Santo, Samarco and shareholders Vale and BHP Billiton. Based on it, the Renova Foundation was created, an entity responsible for managing more than 40 programs. The agreement established that all determined measures would be paid for by the 3 mining companies.
Negotiations aimed at renegotiation involve TTAC signatory governments and justice institutions. They are looking for a new agreement capable of resolving a liability of more than 80,000 accumulated lawsuits. There are questions about the Renova Foundation’s lack of autonomy vis-à-vis mining companies, the delays in rebuilding destroyed communities, the compensation amounts and the non-recognition of a portion of those affected.
A proposal presented in April by the mining companies was rejected by the Union and the government of Espírito Santo. Samarco, Vale and BHP Billiton suggested allocating an additional R$90 billion for reparatory measures. Until then, the maximum they had offered was R$42 billion.
The increase in the amount offered occurred 3 months after the mining companies were ordered to pay R$47.6 billion for moral damages. An eventual agreement will probably include the shelving of this process.
However, the Union and the Espírito Santo government saw a setback in relation to the previous proposal, discussed in December 2023. In addition to considering the values low to account for moral and material, collective and individual damages, they stated that they were requested “inadmissible conditions” and disregarded issues that had already been agreed upon.
The mining companies state that, by December 2023, R$34.7 billion has already been allocated to repair and compensation actions under the responsibility of the Renova Foundation. Of this amount, R$14.4 billion would have gone towards the payment of individual compensation.
With information from Brazil Agency.
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