Criminal lawyer Antonio Carlos de Almeida Castro, known as Kakai, celebrated the conviction of Anglo-Australian mining company BHP in the British Court of Justice this Friday (14th), saying the verdict not only brings justice to those affected, but is historic and sets an international precedent for environmental law.
He is acting on behalf of a quilombola in a lawsuit against an Anglo-Australian company in London regarding the Marianas tragedy (115 kilometers from Belo Horizonte). For the lawyer, it is symbolic that the verdict was handed down during COP30 (United Nations Climate Change Conference).
He said the decision respects the renegotiations concluded between the Brazilian judiciary, the cities involved, the Lula Government (PT) and the STF (Supreme Federal Court). The national agreement includes a total of 170 billion reais to repair the Fundandan dam collapse 10 years ago.
“This is a historic and very important decision. Unfortunately, many groups in Brazil were not called to the negotiating table. What we all wanted was justice, especially for those who were not called to the dialogue in Brazil.”
The criminal stressed that the proceedings in the UK courts could not have continued without the help of investment funds that provided funding to the firm during the proceedings. For him, this aid led to an equalization of arms between affected people and BHP, showing that it is possible to hold big corporations accountable for environmental damage.
“Major companies around the world will be watching this case, and they know there are law firms and funds that can invest in these types of causes. Without people who believed and invested, it would be impossible for the quilombolas to take on BHP.”
“Furthermore, this case has helped to demonstrate the courage and resilience of those affected by criminal irresponsibility. They, the affected people, are the real winners.”
The next step after BHP’s conviction is to determine who can receive how much compensation. A London court is expected to make the decision from October next year. A two-day hearing is scheduled for December to sort out the progress of the case.
There are approximately 620,000 people involved in the lawsuit, and it is expected that it will take three to five years to complete compensation payments. Regarding this value, Mr Kakai said he was hopeful that the Anglo-Australian mining company would “propose a fair agreement that will allow us to resolve this stage of the process as quickly as possible”.
For criminals, the agreements signed between the Brazilian power and the companies involved in the Mariana tragedy were important, but insufficient. This Friday’s decision will therefore pave the way for a financially better solution than the one signed domestically.
In the country’s renegotiation signed last year, of the 170 billion reais signed, 100 billion reais will be in new funds managed by BNDES (National Development Bank) and expected to be disbursed to affected municipalities, states, families and organizations over 20 years.
The sheet We heard the voices of those affected by the Fundan dam collapse. They argue that BHP’s conviction, along with seven other defendants, is new hope for Sammarco’s acquittal in federal court. The Federal Public Ministry is appealing Brazil’s decision.
The company said in a statement that it intends to appeal the decision and will “intensify its efforts in the compensation process in Brazil.” Recall that since 2015, it has disbursed around R$70 billion in direct payments to those affected, “including 240,000 UK claimants.”
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