After almost 5 hours of trial, Espírito Santo won in the Federal Court the inclusion of the North coast of Espírito Santo among the areas that were affected by mining waste thrown into the Doce River, after the collapse of a Samarco dam, in Minas Gerais. The determination is for the recognition of cities located between Serra and Conceição da Barra, which could result in a minimum compensation of almost R$7 billion.
The trial took place this Wednesday afternoon (24), at the headquarters of the Federal Regional Court of the 6th Region (TRF-6), in Belo Horizonte (MG). There was unanimity among the judges. The court was defined by the Superior Court of Justice (STJ) as the final forum for judging actions involving the country’s biggest environmental disaster, which occurred in the city of Mariana, Minas Gerais.
According to Ricardo Iannotti, Undersecretary of State of the Civil House and coordinator of the Pro-Rio Doce State Committee, with the inclusion of the coast of Espírito Santo it will be possible to facilitate reparatory and compensatory actions, in addition to compensation and financial aid for the population. Amounts that Renova did not pay, he points out.
“It has been almost nine years in which companies – Samarco and its controlling companies, BHP and Vale, in addition to Renova – have denied the coast of Espírito Santo as an impacted area. They only worked with the municipalities along the Rio Doce channel, even after 14 expert reports and reports showed that other cities in Espírito Santo, along the North coast, were affected. Now the State already has the right to request payment of these resources”, says Iannotti.
The trial was followed by those affected, who held a protest in front of the TRF-6 headquarters.
Controversy
The incident occurred about a month before the scheduled date for the signing of the global damage compensation agreement, known as the Mariana Agreement, which included the participation of representatives from the States of Minas Gerais and Espírito Santo, various bodies and the leadership of the federal government.
Through the State Attorney General’s Office (PGE), the state government decided to present an appeal to the 4th panel of the Federal Regional Court of the 6th Region (TRF6), the instance in which the case is being processed and where it has now been judged.
Iannotti also recalls that the State filed a lawsuit asking for compensation of R$10.3 billion for coastal areas. “The process is still ongoing,” he explained.
New deal
The Mariana agreement ended up not being signed at the end of last year because there was no consensus between what was offered by the mining companies, R$40 billion, and the amount requested by the public authorities, R$120 billion.
“An essential condition for any type of resumption of negotiations with companies about global amounts to be paid for damages was the inclusion of the coast of Espírito Santo among the affected areas. It was a decision by governor Renato Casagrande. And without the Holy Spirit there is no agreement”, explained Iannotti.
Given the new scenario, he highlights that there is a possibility that negotiations on global damages will be resumed. “Recognition of the coast considerably increases the values to be negotiated”, highlights Ianotti. This week a new proposal was presented by the companies to the federal government.
The column tries to contact companies. This space is open for demonstrations.
READ MORE COLUMNS BY VILMARA FERNANDES
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