More Mariana tragedy victims choose compensation in Brazil
The Definitive Compensation Program (PID), reopened on August 1 by the mining company Samarco, has received new applications. According to information released Thursday (Aug. 14), the number - 293,440 as of July - has now surpassed 300,000.
The instrument is one of the compensation options available to victims of the 2015 Mariana dam collapse. The PID was reopened at the request of the Federal Public Prosecutor’s Office, along with the public prosecutors and public defenders of the states of Minas Gerais and Espírito Santo. The new registration deadline is September 14.
The prosecutors’ and public defenders’ offices argue that the extension was necessary because “there are affected individuals who were unable to register in a timely manner due to doubts regarding contractual clauses and powers of attorney granted to law firms litigating abroad.”
The program offers BRL 35,000 as a one-time payment to each individual or company that participates. Before August 1, 232,927 agreements had been signed under the PID, totaling BRL 5.57 billion in payouts.
To receive payment, participants must sign a release agreement waiving any legal action in Brazil or abroad.
The mining company Samarco, owned by Vale and BHP, was responsible for the Fundão dam in Mariana, Minas Gerais, which collapsed on November 5, 2015. Approximately 39 million cubic meters of tailings swept through the Doce River Basin, causing 19 deaths. A pregnant woman was rescued but later suffered a miscarriage. The disaster also affected populations in dozens of municipalities all the way to the river’s mouth in Espírito Santo.
Overseas actions
Some of those affected by the dam collapse have filed lawsuits abroad to hold the mining companies internationally accountable. The Stichting Foundation represents the victims in Dutch courts against Vale and Samarco Iron Ore Europe BV.
The British law firm Pogust Goodhead represents more than 620,000 people in English courts against the mining company BHP. The firm issued a statement to Agência Brasil regarding the reopening of the PID.
The text states that “Most of the clients in the lawsuit in England believe that the PID does not fully cover the vast damages and diverse losses suffered in the largest socio-environmental disaster in Brazil’s history. The program also requires affected individuals to waive ongoing lawsuits, including the one in London. Therefore, our understanding is that these clients preferred to await the judgment on BHP’s liability, which is currently pending.”
“Furthermore, the mining companies imposed strict eligibility criteria for the PID, which excluded more than 400,000 plaintiffs from the lawsuit against BHP in London. These individuals continue to view the English lawsuit as their best avenue to seek justice and reparations,” the text reads.
