Tragedy in the Marianas: BHP Fault will be judged in October 2024

The UK court has rescheduled hearings for October 2024 that will rule on the responsibilities of Anglo-Australian mining company BHP Billiton in the Mariana Tragedy (MG). The process by which Anglo-American Pogust Goodhead represents affected people has been ongoing since 2018.

Initially, the hearings were scheduled for April 2024. But on Friday (14th), the judges partially granted the miner’s request for a delay, which had argued that the hearing should only be held in 2025. BHP Billiton wanted more time to allow Vale to emerge. In operation, among other reasons. Already the defense of those affected against the postponement has been demonstrated.

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BHP Billiton and Vale are shareholders in the mining company Samarco, which is responsible for the dam that broke in the Marianas in 2015. In the episode, a tailings avalanche reached the Rio Doce basin, affecting dozens of municipalities in Minas Gerais and Espirito Santo. Nineteen people died.

In the lawsuit filed in the United Kingdom, the aggrieved parties maintain that there is not enough justice in Brazil. Pogust Goodhead represents thousands of affected people, as well as businesses, municipalities and religious institutions. in March , 500,000 new authors have joined the process. In this way, there are now 700,000 people and entities represented. Defending those affected that the operation is about R$ 230 billion.

BHP Billiton’s defense contests the repetition of judgments in both countries and claims confidence in the damages repair carried out by the Renova Foundation, under the supervision of the Brazilian courts. The Renova Foundation was created in 2016 to manage all the compensation procedures stipulated in an agreement signed between the mining companies, the federation and the governments of Minas Gerais and Espiritu Santo.

Seven years later, the entity’s performance has become the target of numerous legal challenges by those affected and public authorities. Even the Minas Gerais Public Prosecutor’s Office (MPMG) requested its extinction, arguing that it did not have the necessary independence vis-à-vis the three mining companies. attempt Renegotiate the reparation processis able to point to a resolution of more than 85,000 lawsuits about the tragedy, and has been in progress since last year.

The case was suspended in the UK even when it was still being debated whether a judge there could rule on him. In 2020, the English judge Mark Turner considered, without going into the merits of the matter, that there was abuse, among other things, because there could be irreconcilable judgments with the simultaneous trials in Brazil and the United Kingdom.

For Turner, there was insufficient evidence that Brazilian justice was unable to guarantee fair compensation. However, in July 2022, the Court of Appeal accepted an appeal from those affected and decided that the merits of the case should be analysed.

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“BHP talks about injustice without thinking about the real victims, who suffer the catastrophic devastation of their families, homes and land, simply because BHP values ​​profit on people’s lives.” According to the law firm, the continuation of the trial in 2024 is a victory for those affected. They reported that the deadline for sending information to those affected ends on May 21.

In turn, BHP considered the decision positive. “This adjournment is necessary to ensure that the parties have time to prepare and complete the many procedural steps necessary for the hearing.” According to the mining company, the British court has agreed to discuss in the ruling whether victims who signed compensation agreements in Brazil are entitled to compensation for damages in the UK. The mining company also says that the case recipe will be discussed. The hearings, which will take place in October 2024, are expected to last 11 weeks.

source: https://agenciabrasil.ebc.com.br/justica/noticia/2023-05/tragedia-em-mariana-culpa-da-bhp-sera-julgada-em-outubro-de-2024