German industrial inspector TÜV Süd has been brought to court over its supposed role in the tragic 2019 Brumadinho dam collapse which resulted in the deaths of 270 people.
Aftermath of the Brumadinho dam collapse. Credit: Christyam de Lima / Shutterstock
Mineral tailings mud following the collapse of the Brumadinho dam in 2019. Credit: Christyam de Lima / Shutterstock
The company inspected the dam on behalf of its owner, Brazilian mining giant Vale, shortly before its failure. The resulting landslide released over 13 billion cubits of toxic sludge that polluted local waterways, destroyed villages and affected around 200,000 people.
Vale, which found itself in hot water following the crisis, including being blacklisted by a number of European investors and seeing its shared prices plummet, agreed to a $7 billion (€5.77 billion) settlement over the case.
Read more: Vale agrees to $7bn settlement over Brumadinho dam disaster
Lawyers of the victims of the disaster hailed a "very positive day in court" after day one of the civil action suit brought against the German company in Munich.
The disaster is often referred to as one of the worst environmental and humanitarian disasters in Brazil, and likely was before the slew of forest fires that ravaged the Amazon rainforest during 2020 and 2021. It is also by far the most costly mining incident in the country.
The claimants seek damages relating to the disaster, and a declaratory ruling that TÜV Süd will compensate for all further damages related to the disaster.
The dam collapsed four months after an inspection by TÜV Süd, which case lawyers believe makes the company partially liable for the disaster.
"It’s edifying to finally begin this process, and we have the utmost faith in the German legal system and those overseeing this case", one of the lawyers defending the claimants, Pedro Martins said.
He revealed the prosecution has full faith in the case and there was sufficient evidence that the German company "certified the dam despite it not meeting safety standards".
“There is no way to undo what has been done, but this case does represent the hope of adequate reparations to rebuild lives and communities," he added.
Lawyers representing TÜV Süd said the company regretted the disaster but claims it was not responsible for the disaster, bringing up Vale's settlement as proof of culpability.
They also suggested the miner did not adhere to concerns addressed in its safety report.
However, lawyers for the claimants suggest access to full justice in Brazil could "take decades". Jan Spangenberg of the law firm PHMBM revealed to the court that only €160,000 has been handed to the state of Minas Gerais by the federal government and 70% of the sludge has yet to be removed.
The next hearing against TÜV Süd is set to take place in February 2022.
Read more: Vale faces leadership shakeup over Brumadinho dam disaster
Families of the victims wish for everyone involved in the collapse to be held responsible.
They accused TÜV Süd of certifying a tailings dam and applying safety verification standards that did not meet international requirements. This certification allowed the dam, and the mine that caused the collapse, to continue operations.
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