‎Brazil News

 

 

Minas Gerais court acquits Samarco of Mariana dam collapse

The decision is based on the "absence of sufficient evidence to establish the direct and individual criminal responsibility" of the defendants.

From the Editors

 

Thursday, November 14, 2024

 

Updated at 12:15

 

To share

 

The Federal Court, by decision of Judge Patricia  Teixeira de Carvalho, of the Federal Court of Ponte Nova/MG, acquitted the companies , Vale, BHP Billiton, the consultancy and seven of their executives and employees in the criminal proceedings related to the rupture of the  dam, in Mariana/MG, which occurred in 2015. The decision is based on the "absence of sufficient evidence to establish the direct and individual criminal responsibility" of the defendants, not being possible to attribute specific conducts that would configure the crimes indicated.

 

The disaster, which resulted in the deaths of 19 people and the contamination of the Rio basin, was considered one of the worst in Brazil's history in terms of environmental and social damage. In the original 2016 indictment, the Federal Public Prosecutor's Office accused 22 people and four companies of crimes such as qualified homicide, qualified pollution, flooding, landslides and other environmental crimes. However, in 2019, the Federal Regional Court dropped the charges of homicide and bodily harm for some defendants, leaving charges related to environmental damage and other offenses.

 

In her analysis of the evidence, the judge concluded that the evidence was not capable of identifying a direct and decisive link between the defendants' conduct and the dam collapse. In her decision, she emphasized that criminal law should not be the main management tool in cases of catastrophic risks, and that efforts should prioritize technical and scientific investigations that prevent new disasters. In addition, the decision highlighted that the measures taken by the companies to build and maintain the dam were insufficient, but there were no elements that constituted criminal intent or negligence.

 

Companies and executives acquitted over the Mariana dam collapse.

In the international context, the case has also had repercussions in the English courts , where a lawsuit is underway. In a recent statement in London, a 2010 spreadsheet from BHP, the parent company , was presented, which already predicted possible consequences of a dam collapse, including the death of up to 100 people and billions in repair costs. The defense of those affected presented the documentation as part of the evidence that the risks were known to the companies, although preventive measures, such as evacuation simulations, were not implemented.

 

After years of debates and lawsuits, a civil reparations agreement was signed in October and approved by the Supreme Court in November, to ensure that social and environmental damages are covered regardless of the outcome of the criminal spheres.

 

link: https://www.migalhas.com.br/quentes/419954/justica-de-mg-absolve-samarco-pelo-rompimento-da-barragem-de-mariana