Tragedy in Mariana: BHP’s fault will be judged in October 2024

The British court rescheduled for October 2024 the hearings that will judge the responsibilities of the Anglo-Australian mining company BHP Billiton in the tragedy of Mariana (MG). The process in which those affected are represented by the Anglo-American office Pogust Goodhead has been in progress since 2018. Initially, the hearings were scheduled for April 2024. But this Friday (14), the judges partially granted the request for postponement by the mining company, which defended holding the hearing only in 2025. BHP Billiton wanted more time to allow Vale’s manifestation in the process, among other reasons. Already the defense of those affected manifested itself against the postponement. BHP Billiton and Vale are the shareholders of the mining company Samarco, responsible for the dam that broke in Mariana in 2015. In the episode, the avalanche of tailings reached the Rio Doce basin, impacting dozens of municipalities in Minas Gerais and Espírito Santo. Nineteen people died. In the lawsuit filed in the United Kingdom, those affected maintain that there is not enough justice being done in Brazil. The Pogust Goodhead office represents thousands of people affected, as well as companies, municipalities and religious institutions. In March, 500,000 new authors joined the process. In this way, there are now 700 thousand people and entities represented. The defense of those affected states that the process revolves around BRL 230 billion. BHP Billiton’s defense contests the duplication of judgments in both countries and claims to trust in the repair of damages carried out by the Renova Foundation, under the supervision of the Brazilian courts. The Renova Foundation was created in 2016 to administer all reparation actions provided for in an agreement signed between the mining companies, the Union and the governments of Minas Gerais and Espírito Santo. Seven years later, however, the entity’s performance is the target of several legal challenges by those affected and by the public authorities. The Public Prosecutor’s Office of Minas Gerais (MPMG) even asked for its extinction, considering that it does not have the due autonomy vis-à-vis the three mining companies. An attempt to renegotiate the reparation process, capable of pointing to a solution for more than 85,000 lawsuits about the tragedy, has been underway since last year. The action in the United Kingdom was even suspended when it was still being discussed whether the Justice there could judge it. In 2020, the English judge Mark Turner, without going into the merits of the subject, considered that there was abuse, among other things, because there could be sentences that were irreconcilable with simultaneous trials in Brazil and the United Kingdom. For Turner, there was not enough evidence that the Brazilian Justice was incapable of ensuring fair compensation. However, in July 2022, the Court of Appeal accepted an appeal from those affected and determined that the merits of the case should be analyzed. Postponement Tom Goodhead, one of the partners at the Pogust Goodhead office, expressed himself in a note after the new decision setting the judgment of BHP’s responsibility for October 2024. “BHP speaks of injustice without thinking about the real victims, who suffer from the catastrophic devastation of their families, homes and land, simply because BHP values ​​profit above people’s lives.” According to the law firm, maintaining the trial in 2024 is a victory for those affected. They reported that the deadline for those affected to send information ends on May 21. In turn, BHP considered the decision positive. “Such adjournment is necessary to ensure that the parties have time to prepare and complete the numerous procedural steps necessary for the hearing.” According to the mining company, the British court agreed to discuss in the judgment whether those affected who signed compensation agreements in Brazil would be entitled to compensation for damages in the United Kingdom. The mining company also says that the prescription of the case will be discussed. The hearings that will take place in October 2024 are expected to last 11 weeks.

Agência Brasil