Minister Luís Roberto Barroso, rapporteur of the case, based his decision by stating that the parties that appealed have no legitimacy, since they are not significant to the agreement
The Federal Supreme Court () unanimously decided to reject all five appeals presented against the approval of the agreement aimed at repairing the damage caused by the collapse of the Fundão dam in Mariana, Minas Gerais. The agreement, which involves an amount of R $ 170 billion, was signed between the mining companies Vale, BHP and Samarco, besides the Union, the State of Minas Gerais, Espírito Santo and the affected municipalities. Among the denied resources were those presented by associations representing indigenous people, quilombolas and fishermen, as well as the municipality of Ouro Preto. The Federation of Fisherman and Aquiculators of Espírito Santo (Fecopes) manifested its dissatisfaction, claiming that the breaking of the dam impacted the coast of Espírito Santo and questioned the inclusion of its individual actions in the list of processes that would be extinguished by the new covenant.
The rapporteur of the case, minister, grounded his decision by stating that the parties that appealed do not have legitimacy, since they are not signatory to the agreement. Barroso pointed out that the agreement extinguishes shares only for the municipalities that sign it, while the other actions can be closed due to lack of interest or loss of object.
Among the 49 municipalities that had the possibility to join the agreement, 26 chose to sign. BHP, one of the mining companies, still faces a lawsuit in British justice. Municipalities that have not joined the agreement may have a chance to benefit from a possible favorable decision in England, which covers about 700,000 victims and provides for compensation that may reach approximately $ 44 billion.
*Report produced with the aid of AI
Posted by Fernando Dias
