Sixteen charged as Brumadinho case moves to federal investigators
Sixteen people connected to mining company Vale and German consultancy Tüv Süd have been charged and will answer in a Federal Court for crimes related to the tailings dam collapse that occurred in the city of Brumadinho, Minas Gerais, in January 2019.
In a decision made Tuesday (Jan. 24), Federal Judge Raquel Vasconcelos Alves de Lima accepted the motion filed by federal prosecutors. The accused are the same as those who responded in the case that was being handled at state level, which was recently annulled by the Supreme Court.
Considered one of the biggest environmental and labor tragedies in Brazil, the collapse of Vale’s tailings dam took place years ago today (25). The structure that collapsed had been operating on audits conducted by Tüv Süd, which signed a stability certificate. The accident claimed the lives of 270 people, most of them employees working in the company’s premises. The bodies of three victims are still missing and are being sought by the fire department.
Among the accused is then President of Vale Fábio Schvartsman and 10 other employees of the mining giant. Another five of the accused held positions at Tüv Süd. They will answer for several environmental crimes and first-degree murder, as the victims were unable to defend their lives. If convicted for the crime of murder alone, sentences can vary between 12 and 30 years. The two companies were also charged with environmental crimes and may be subject to various penalties.
Submitted by the prosecution on Monday (23), the report is essentially the same as the one drafted by Minas Gerais State Prosecutors, which resulted in the lawsuit that had been under consideration in local courts since February 2020. However, last month, the Supreme Court brought an end to a long legal discussion and concluded the case should rise to federal jurisdiction.
Federal investigation
Last week, Supreme Court Chief Justice Rosa Weber ordered the immediate opening of criminal proceedings on the case at federal level, in response to a request from the relatives of a victim, who feared that the crimes might be time-barred. Court authorities in Minas Gerais then handed the matter over to federal courts. However, the lawsuit is virtually back to square one. The defendants will have to be called again and new deadlines will be opened for their defense.
By taking responsibility for the case, federal prosecutors could lodge a new accusation, but instead released a statement ratifying the motion filed by the Minas Gerais state prosecution. The document states that collusion between Vale and Tüv Süd culminated in false declarations of stability conditions that were intended to serve as a shield for the company’s hazardous activities.
The other side
Contacted by Agência Brasil, Vale sent a note stating it has always guided its activities by safety premises and remains committed to repair and compensation for damages. Tüv Süd, in turn, declined to comment.
Agência Brasil also reached Bottini e Tamasauskas Advogados, the law firm responsible for the defense of Fábio Schvartsman, but no reply has yet been received.
