The judgment of the aggrieved party’s lawsuit against the shareholders of BHP Billiton – a controlling shareholder of Samarco – for the failure of Fundão Dam, which occurred in 2015, in Mariana, in the central region of the state, in England, more speed and equality of the process can be achieved. The assessment was conducted by members of the law firm PGMBM, which represents more than 200,000 victims of the tragedy, including municipalities, municipalities, businesses and religious institutions – the authors of the collective work.
on Friday (8), The UK court upheld the case in second instance. Now, the action must move to the merits stage, where the liability of companies for damages caused by the collapse of the dam will be determined. The Mariana tragedy left 19 people dead, polluted the Dos River basin and flooded the Bento Rodrigues region. In the event of a conviction, the amount placed in the initial application in 2018 was £5 billion. According to lawyers, it is still difficult to expect to update the damages values, but the English court article says the case could reach 25 billion pounds.
that it Historic decision with a dual mandate between Brazil and England. The first instance judge considered that the BHP trial would be an abuse of jurisdiction at the same time as the proceedings are taking place in Brazil. Despite the argument of the representatives of those affected that there was not enough justice in Brazil, the Court of Appeal upheld the decision in the first ruling. The lawyers insisted and have now obtained a positive decision.
For the PGMBM partners, by accepting jurisdiction, English Justice gave hope to those affected by the disaster, who had been seeking justice and reparation for nearly seven years. BHP can appeal, however, the company must first obtain permission from the Supreme Court, which makes the process more complicated.
Mariana’s decision can be made within 90 days or even three years
according to Managing Partner of PGMBM, Tom Goodhead, If agreed, the decision can be made within the next 90 days. In the event of an appeal by BHP, the critical next step will be for the beginning of next year – when the company presents its defense. In this case, the decision can be extended for another two or three years.
“BHP has the option to shorten the suffering of the victims and meet the interests of shareholders, executives and victims and come to a faster conclusion. I hope you will do the right thing, do not appeal the decision and think about the damage it has already caused to Brazil. But it is up to the company that left the victims unresolved and in pain for seven Years.
The case involves more than 200,000 people affected, including 25 municipalities, 5 municipalities, 531 companies of various sizes and 15 religious institutions in the Mariana region.
Goodhead quotes an excerpt from the movie “kind man”, which says: “If you want the truth, you have to bear the truth”, claiming that if the company appeals, it will have to endure a process with all the consequences that a ruling in the English court will bring and that its team will spare no effort. To use all possible justice mechanisms in that country.” The choice is theirs. They can choose to negotiate or they will have to put up with the explanation and proof of the alleged facts.”
Given the context, he preferred not to set a specific date for the compensation to actually occur. in a complementary way, Another partner at PGMBM, Anna Carolina Salomao, He stressed that the decision to accept the operation is indeed exceptional, especially with the possibility of considering each case.
You will hear all the sounds. Those who claim economic, social, environmental or religious interests. We seek individual, fair and comprehensive reparations for damages incurred at that time and which have continued to occur since 2015.. As well as to update the values. We want to reach a prompt, integrated and fair compensation for each one of them.”he argued.
BHP and Samarco
Through the note, the horse He admitted that the decision reversed the previous ruling of English Justice, extinguishing the procedural abuse process, but considered that the ruling referred to the initial questions regarding the case. And it is not a decision regarding the merits of the applications submitted in the lawsuit. from there, The company will review the decision and consider its next steps, which include the possibility of applying for leave to appeal to the UK High Court.
The company also said it would continue to defend the British action, which it believes is unnecessary as it duplicates issues already covered by Renova’s ongoing work under the supervision of the Brazilian judiciary and the legal proceedings underway in Brazil.
“BHP Brasil reiterates that it has always been and remains fully committed to the repair and compensation measures related to the rupture of the Fundão Dam in Samarco. To date, R$21.8 billion has been disbursed in Renova’s repair and compensation programs. By the end of this year, it will have been spent About R$ 30 billion on repair and compensation programs for those affected. Currently, more than R$ 9.8 billion in compensation and emergency financial assistance has been paid to about 376,000 people. Through the simplified compensation system, R$ 6.1 billion has been paid to about 59,000 people who have difficulty proving their damages “.
Already samarcosought, stated that it reaffirms its commitment to repair damages and Transaction and Conduct Agreement (TTAC) Signed, in March 2016, by the company and its shareholders, yes and BHP, the federal governments, the governments of Minas Gerais, Espiritu Santo and other entities. “So far, with the support of shareholders, more than 376,700 people have been compensated, with more than 21.8 billion Brazilian reals allocated to the actions implemented by the Renova Foundation,” he said.
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