Federal Judge defines schedule that starts on the 23rd of next month; sessions will judge environmental crimes and responsibilities for the 270 deaths
The collapse of the Vale dam in Brumadinho, in the Metropolitan Region of Belo Horizonte, completes seven years this Saturday (25). And this milestone arrives accompanied by the countdown to a decisive step in the courts. The hearings to hear witnesses and try the defendants accused of the dam collapse, which killed 270 people and caused environmental destruction in 2019, they start in less than a month: on February 23rd. The schedule was established by the 2nd Federal Criminal Court of Belo Horizonte.
Federal judge Raquel Vasconcelos Alves de Lima reserved a total of 76 days to hold the sessions. The calendar starts next month and will extend until May 2027.
The hearings will take place in the plenary of the Federal Regional Court of the 6th Region (TRF6), in the capital of Minas Gerais. The priority is that they be in person, although video participation can occur if requested. At this stage, witnesses for the defense and prosecution will be heard, and the defendants will be interrogated.
Who is being judged
In the dock are the mining company Vale SA (owner of the complex) and the German company TÜV SÜD (responsible for certifying the safety of the dam), in addition to 16 individuals linked to the two companies.
To organize the large volume of information, the Court divided the case into three different processes:
- Process against Vale: Exclusively investigates environmental crimes allegedly committed by the company and its employees;
- Case against TÜV SÜD: Focuses on environmental crimes attributed to the certifier and its employees;
- Homicide process: It deals exclusively with the 270 deaths. In this case, the defendants are the 16 individuals;
The judge rejected the defense arguments that this division would prejudice the trial. According to the judge, the separation is necessary to ensure that the process moves reasonably and justice is served. She also considered that new technical expertise is not necessary, as there is already vast material produced during the investigation.
Understand the murder charge
The most sensitive point of the trial refers to the lives lost. The 16 defendants are responsible for qualified homicide.
The defense of the accused tried to change the classification of the crime. They asked that it be considered “culpable homicide” (when there is no intention to kill) or just the crime of flooding. Guilty crimes have lesser penalties and are decided only by a judge, without the presence of a popular jury.
However, the Federal Court maintained the charge of intentional homicide (when the risk of killing is assumed). In Brazil, intentional crimes against life are judged by the Jury Court. This means that it will be up to ordinary citizens — the so-called Popular Jury — to decide whether the defendants are guilty or innocent. The federal judge conducts the work and defines the sentence, but the verdict comes from society.
The judge explained that the final discussion on whether or not the case will go to the Popular Jury (a technical decision called “pronouncement”) will take place after this hearing phase that begins in February. For now, the charge remains the most serious under the law.
