Executives and technicians from Vale may be indicted for intentional homicide.
Executives and technicians from Vale who were aware of the potential risks and consequences of a breach at the Córrego do Feijão mine dam in Brumadinho (MG) could be indicted for intentional homicide, according to legal experts. The assessment is that these professionals assumed responsibility by opting for the upstream dam model, which presents a high potential risk but is cheaper than other containment methods. To date, the tragedy has left 115 dead and 248 missing.
247 - Executives and technicians from Vale who were aware of the potential risks and consequences of a breach at the Córrego do Feijão mine dam in Brumadinho (MG) could be indicted for intentional homicide, according to experts in criminal law. The tragedy on January 25th left 115 dead and another 248 missing so far, according to official data.
The assessment is that these professionals would have taken a risk by opting for the upstream dam model, which offers a high potential risk but is cheaper than other methods of containing mining tailings. Another point is that the mining company's emergency plan disregarded the fact that the tailings wave could reach up to 65 kilometers and that the company's cafeteria and facilities, located in the path of the tailings wave, could be hit within a minute of the landslide.
"Clearly, those responsible did not want the outcome to be fatal, but they assumed the risk," retired judge Walter Maierovitch told the newspaper. Folha de S. PaulIn this case, Vale's executives and technicians could be indicted for reckless endangerment, which occurs when a person is aware of and assumes the risks of their actions.
According to Judge Ivana David of the São Paulo Court of Justice, in addition to the criminal liability foreseen in environmental crime legislation, those responsible could be indicted for manslaughter with implied malice. However, to individualize responsibility, ongoing investigations need to reveal how the reports attesting to the dam's safety were prepared and approved.