1. Which judical institution is responsible for the desaster that happened in Brazil?
Due to the complexity of the theme there is more than one institution involved in the case, with actions in State and Federal level. The main responsible organs working in the Justice system are the State and Federal Public Prosecutor’s Office advocating in the Civil area for the compensation of the victims and in the Criminal area to punish the companies and their employees that are involved in the disaster. They are being accused of many crimes against flora and fauna.
The Executive power (meaning the government, which does not involve any Judicial institution), through organs such as IBAMA and SEMAD (responsible for the protection of the environment), has also fined Samarco in over R$ 300 million reais, but this amount has not yet been payed because the company has appealed to the decisions.
2. The vicitms who´s houses got destroyed got primarly a flat in the biggest city nearby and the company pays the rent and electricity bills but a real compensation wasn´t paid. What kind of legal steps can be done in order to give them the money?
The State Public Prosecutors Office is fighting in the Justice for a compensation for the victims. After the Justice’s Final decision, if the company is convicted to pay, there will be given some time for payment. If that does not happen many steps can be taken such as blocking their Bank accounts and even auctioning their properties. A big amount of money has already been blocked before the Justice final’s decision to make sure there is enough money in case of conviction.
Samarco has also created the RENOVA Foundation, that should lead the reconstruction of the communities following an agreement settled with the Federal Government.
3. The fine given to the mining company SaMarco is more than 22Milliones reais but wasn´t paid yet. What kind of legal steps can be done to make Samarco pay?
To the company is given the choice of appealing to the decisions. If after all the legal procces is followed the conviction remains and Samarco decides not to pay the debts, the company can have their Bank accounts blocked, their properties auctioned and could be forbidded to be a part of any public construction, work or contest.
4. Can the brazilian state put fines directly at persons in the company rather than the company. Here in Germany some german Managers from Volkswagen were fined directly. Would this be possible in Brazil? We haven´t read anything about that persons were charged.
According to the Brazilian system, the Justice can apply direct responsability to people instead of company when proven their involvement and intention. In this case at least 21 people including employees and managers are being directly accused of crimes against the environment and of murder. According to the Public Proseccutors Office these individuals are guilty of murder and other crimes because they knew about the risks before the accident happened and did not do anything to prevent it to happen.
5. How is the brazilian government towards the disaster? Are they putting pressure so that Samarco? What kind of legal steps can take the government itself?
Despite the efforts of the Public Prosecutors this is a very complex accident involving very powerful companies and people. It is important to understand here that the burocratic and judicial system is Brazil is very slow and many times involved with corruption (although it is my belief that this is slowly changing. Powerful people are going to prison for the first time in the history of the country). It is also my point of view that the Brazilian media did not give this topic as much importance as they should have. In a situation like this it is important that people also make pressure, otherwise the facts are forgotten.