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Mariana Case

 
 
English law firm advises disaster victims not to sign agreements in Brazil without adequate legal guidance, warning of risks in parallel negotiations.
From the Editors
 
Thursday, October 17, 2024
 
Updated at 11:10
 
This week, Supreme Court Justice Dino partially granted a preliminary injunction in a lawsuit filed BY - the Brazilian Mining Institute, imposing restrictions on municipalities that have signed contracts with foreign law firms to litigate in courts outside Brazil. The decision requires municipalities to present the signed contracts and refrain from making payments of fees linked to success clauses without authorization from the Supreme Court or other instances of the Brazilian State.
 
The measure surprised the law firm  which is leading the Mariana case in the United Kingdom. In a meeting with representatives of those affected by the disaster, the head of the English law firm discussed the possibility of mining company BHP, the defendant in the case, reaching an agreement early in the trial, with the prospect of compensation being paid this year.
 
The lawyer stressed that the best-case scenario would be for BHP to agree to a quick settlement, which would allow compensation to be paid by Christmas. However, he warned that in the worst-case scenario, the process could drag on for years, increasing the miners costs due to interest and shareholder pressure.
 
The lawyer also reinforced the importance of those affected not signing documents without proper legal guidance, warning about the risks of negotiations carried out in Brazil supposedly without the effective participation of the victims.
 
English office asks victims not to sign agreements in Brazil. 
The meeting also provided information on how those affected will be able to follow the trial, which will begin on October 21. The office has committed to providing live broadcasts so that interested parties can follow, in real time, the testimonies of BHP executives and Brazilian experts.
 
Finally, the lawyer stated that, if BHP does not move forward with an agreement, the firm is prepared to request an interim payment in 2024, bringing forward part of the compensation due. According to him, this measure aims to ensure justice and transparency, since victims continue to be excluded from the ongoing negotiations in Brazil, without clarity about the amounts or the proposed terms.
 
link: https://www.migalhas.com.br/quentes/417778/vitimas-de-mariana-sao-orientadas-a-nao-assinar-acordos-no-brasil
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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