Mining and municipalities affected by the Mariana disaster (MG) had divergent interpretations of the decision of the Minister of (Supreme Court) that judicial determinations and measures of foreign governments have no effect in Brazil until they are validated by the Supreme.
Dino’s decision was made on Monday (18) in the context of an action of IBRAM (Brazilian Mining Institute), which. The entity tried to prevent municipalities from Minas Gerais and Espírito Santo from continuing to continue with the tragedy of Mariana, caused by.
The objective of the determination was also to protect the Minister from the impact of magnitsky law, a financial sanction imposed by the government of.
In a statement, IBRAM said it considered the measure “fully adhering to Brazilian law” and states that it strengthens national sovereignty, respects the federative pact and reinforces the competence of Brazilian justice to deal with facts that occurred in the country.
The Institute points out that the processing of indemnity claims in Brazil guarantees legal certainty, avoids conflicting decisions and allows adequate coordination between Judiciary, Public Prosecution Service, environmental agencies and authorities responsible for the reparation.
“The decision of Minister Dino, by setting up that foreign acts do not have automatic effectiveness in the national territory, reinforces this institutional path,” said Ibram.
The Pogust Goodhead office, which represents municipalities and victims in international actions, states that the decision does not affect processes already in progress in and the Netherlands, applying only to future actions of public entities.
The office says the decision does not discuss the merits of ADPF 1178, which questions the legitimacy of municipalities to file actions abroad, nor impacts existing contracts with international lawyers.
According to Pogust Goodhead, although the decision of the Supreme Court focuses on the performance of municipalities in foreign courts, the individual proceedings of the victims normally follow, ensuring that their rights and claims of reparation are not affected by the precautionary measure.
A public hearing authorized by Dino will allow the municipalities to present the arguments that justified the search for international reparation. In addition, an audience in England, scheduled for November 2025, will evaluate the maintenance of injunctions against IBRAM in that country.
Dino’s decision is based on a precautionary measure granted by the British court in favor of the municipalities interested in the case of Mariana, which said that an IBRAM petition to the STF could undermine the right of municipalities to fair trial.
The Supreme, however, stated that such measures are not effective in Brazil, and that foreign decisions can only be executed by approval or legal mechanisms for international judicial cooperation.
As stressed the decision itself, “any violation is offense to national sovereignty, public order and morals, therefore the ineffectiveness of such laws, acts and sentences emanating from a foreign country is presumed.”
The British precautionary measure, according to the Supreme Court, showed that there is “very high risk of demands sponsored by subnational entities in foreign courts serve as a vehicle or pretext for sanctions and measures against national heritage”.
In the country, the STF approved a deal of R $ 170 billion involving Samarco, BHP Billiton, Union, states and representatives of communities affected by Mariana’s disaster. Abroad, mainly involving BHP, Anglo-Australian company that controls Samarco next to the Brazilian Vale.
