The filed a petition with the Court requesting the extinction of the action in which the Archdiocese of Mariana (MG) requests compensation for having suffered damage to its historical and religious heritage due to the .
The e dumped 43.8 million cubic meters of waste into the . In 2018, the Archdiocese of Mariana filed a compensation action with the 1st Civil Court of Ponte Nova (MG) asking for R$7.5 million for losses suffered. The entity cites flooding of waste in the Nossa Senhora da Conceição Chapel and the rectory, located in the district of Gesteira.
On December 11, the mining companies sent a petition to the judge of the 1st Civil Court of Ponte Nova (MG) in which they argue that the action lost purpose due to the signing and approval of the renegotiation agreement between the companies and public authorities.
When approving the agreement, the companies claim, the president of the (Supreme Federal Court), declared the judicial and administrative processes listed in an annex extinct, which would include the Archdiocese’s action.
“The intention of all parties to the Renegotiation Agreement was, precisely, to end the administrative and judicial discussions related to the breach and address the definitive repair of the damages”, they write. “To this end, the total value of the expected obligations to make and pay amounts to the expressive amount of .”
The mining companies say that the process should be terminated “due to the Archdiocese’s lack of interest in acting as a result of the conclusion and approval of the Renegotiation Agreement.”
On December 13, the Archdiocese responded to the petition and stated that it had not participated in the renegotiation. “Such an instrument was signed between the mining companies, the Federal Government and Governments of the State of Espirito Santo and Minas Gerias, in addition to the Representatives of the Federal and State Public Ministry.”
The entity recalls that there is no provision in the legal system that “authorizes the imposition of the effects of a collective agreement on a legal entity governed by private law that did not participate in it.”
Furthermore, it says that the assets belonging to the Archdiocese of Mariana, such as historic churches, sacred images and other elements, are privately owned assets “with inestimable value for the culture and faith of the affected communities.”
“Although the restoration of material assets can, in theory, mitigate part of the damage, it does not replace the need for full compensation. The affected temples remain closed for almost a decade, depriving communities of their religious, cultural and social spaces”, complements the Archdiocese.
When contacted, Vale and BHP did not comment. Samarco sent a position stating that, with the agreement approved by the STF in November, “it reinforces its commitment to full and definitive repair and compensation for the damage caused to people, communities and the environment.”
“Regarding the lawsuit filed by the Archdiocese of Mariana, it is a compensation action in progress. Discussions are taking place in the judicial sphere”, adds the company.
In addition to this, the Archdiocese of Mariana filed three other compensation actions due to the disaster.
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