Minister Roberto Barroso states that changes in the plan already validated by the ministers would require new consensus among the parties
The president of the (Supreme Federal Court), Minister Roberto Barroso, denied on Wednesday (5.mar.2025) a request to extend the deadline for municipalities affected by the breach of the Fundão Dam in Mariana (MG), join the damage repair agreement.
According to Barroso, changes in the treaty already validated by the collegiate would require a new consensus among the parties involved. In November, the Court approved the agreement between Union, states and mining companies Samarco, e. This is the decision (PDF – 95 kb).
In the request for expansion of the deadline, AMM (Minas Gerais Association of Municipalities) requested another 180 days for the new mayors, elected in 2024, to be intended for the proposal. Another similar request made by the city of Ouro Preto (MG) was also rejected.
In the decision, the president of the Supreme Court stated that the agreement transcends political-election interests and that the municipal public interest is independent of the changes of governments. It also stated that the text maintains the right of action of the municipalities and that it will only have effects if the rights holders voluntarily adhere.
According to the approved plan, the municipalities have up to Thursday (6.mar) to decide whether to accept the agreement or continue with actions at the British court. Pogust Goodhead’s English office represents 46 Brazilian municipalities in an action in England, this Wednesday (5.mar).
The action abroad bothers the Brazilian judiciary. One of the conditions to accept the agreement is to give up the process in England. Still on Wednesday (5.mar), Minister Flávio Dino that the resources of the Mariana Agreement cannot be used to pay attorney’s fees and must respect the purposes described in the pact.
The agreement
The disaster took place on November 5, 2015, when Samarco’s ore tailings dam broke, resulting in the death of 19 people and the dumping of mud in the Doce River.
The negotiations of the Mariana Agreement have dragged on for over 2 and a half years. They were paralyzed in 2022 with the end of the former president’s government (PL) and resumed in March 2023 with the management of the president (PT).
The agreement in October by the Federal Government is worth R $ 170 billion. Of the total, R $ 132 billion will be used in new resources for repair and compensation to those affected. Will be distributed as follows:
R $ 100 billion will enter the public coffers of the Union, the states of Minas Gerais and Espírito Santos, and municipalities that adhere to the agreement;
R $ 32 billion should be destined by mining companies to remove tailings, recovery of degraded areas, resettlement of communities and payment of indemnities to affected persons.
The other R $ 38 billion are already included in the amounts paid by Vale and BHP Biliton – Samarco Donas – in the last 9 years.
Expected individual indemnities are $ 35,000, as a general rule, and $ 95,000 for fishermen and farmers.
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