What collective rights have been violated and what has been done to repair them?
On November 5, 2015, at approximately 4:20 p.m., the Fundão dam, part of the Germano mining complex and located in the Bento Rodrigues subdistrict in Mariana/MG, burst. Following the burst, the tailings slurry flowed out of the Fundão dam on the left side and reached the Santarém dam.
The contents overflowed this second dam and moved in an uncontrollable avalanche of earth, mud and water, first reaching the Bento Rodrigues community. Subsequently, in addition to the deaths they caused, these sediments devastated the region, ruining countless buildings, dragging cars and machinery, causing the death of animals, destroying crops, covering streets and destroying the life history of entire communities.
Collective Rights
The impacts and losses of collective rights resulting from the disaster can be identified in our legislation as:
violation of property (art. 5, XXII),
right to housing (art. 6),
right to land (art. 183 and 191),
right to a balanced environment and healthy life (art. 225),
right to work, health, education, protection of motherhood and childhood and food (art. 5),
among others.
The definition of socio-environmental impacts must also include the cultural or symbolic dimension of social life.
The process
In this way, the Public Prosecutor’s Office of the State of Minas Gerais used the Public Civil Action instrument to seek compensation for the affected people. Within our legal system, this Action is the most appropriate route for this purpose, because its requirements were designed to accommodate and seek compensation for collective and diffuse rights.
Through this, it was possible to demand that the companies involved in the disaster be held accountable and take measures to seek to restore environmental balance and restore people’s dignity, as far as possible.
Reparation
Reparation involved the following obligations:
monthly financial assistance for people: an amount paid monthly by the defendants, in amounts equal to or greater than those previously received by workers, sufficient to ensure food, clothing, leisure and other goods indispensable to human dignity, taking into account the requests of those affected;
welfare support: a higher amount of assistance, so that families can pay their bills, buy everyday goods and celebrate Christmas dinner more comfortably;
appropriate information: periodic provision of information to those affected regarding the defendants’ actions aimed at repairing violated social rights, in order to enable participation in decision-making processes affecting all parties and forms of restitution, compensation and indemnity;
adequate housing;
support for economic reactivation;
health and education assistance;
support in the rescue of goods, animals and others;
rescue of tombstones and mortal remains;
among other emergency measures that the judiciary and public prosecutor’s office deemed necessary.
The Public Civil Action, in progress at the 2nd Civil, Criminal and Penal Enforcement Court of the District of Mariana, filed by the state Public Prosecutor’s Office against Samarco Mineração S.A., Vale S.A. and BHP Billiton Brasil Ltda., is in the phase of fulfilling the agreements for implementing the resettlement of those affected and payment of the remaining compensation.
ACP nº 0043356-50.2015.8.13.0400
2ND COURT OF THE DISTRICT OF MARIANA/MG
Public Prosecutor’s Office of the State of Minas Gerais (PLAINTIFF)
SAMARCO MINERAÇÃO S/A (DEFENDANT)
BHP BILLITON BRASIL LTDA.. (DEFENDANT)
Link to the initial petition: https://www2.mppa.mp.br/sistemas/gcsubsites/upload/25/Acao%20Civil%20Publica%20-%20MPMG%20-%202%20PJ%20MARIANA%20-%20IC%200400_15_00306-1%20e%200400_15_000307-9.pdf
Plaintiff: Jaciele Davi
Date: 26 May 2022
