Federal Court convicts asbestos company for collective damages in Bahia.
The Federal Court has ordered the company Sama Minerações Associadas to pay R$ 500 million in collective moral damages in four municipalities in Bahia; the decision is the result of a lawsuit filed by the Federal and State Public Prosecutor's Offices; according to the Court, the compensation must be paid to the municipalities of Bom Jesus da Serra, Poções, Caetanos, and Vitória da Conquista; the money must be used to purchase equipment and build units for the treatment of diseases associated with asbestos exposure.
Sayonara Moreno – correspondent for Agência Brasil
The Federal Court in Bahia has ordered the company Sama Minerações Associadas to pay R$ 500 million in damages for collective moral harm in four municipalities in Bahia.
The decision is the result of a lawsuit filed by the Federal and State Public Prosecutor's Offices in Bahia. According to the court, the compensation amount must be paid to the municipalities of Bom Jesus da Serra, Poções, Caetanos, and Vitória da Conquista. The money must be used to purchase equipment and construct units for the treatment of diseases associated with asbestos exposure.
According to the lawsuit, between 1940 and 1967, Sama mined asbestos at the São Félix do Amianto mine, located in Bom Jesus da Serra, about 460 kilometers from Salvador. However, upon ceasing extraction activities, the ministries claimed that adequate measures were not taken to mitigate the effects of the mineral on the inhabitants of the region. Consequently, it is alleged that the residues contaminated an undetermined number of people, including mine workers, their families, and residents of the surrounding area.
The lawsuit names the Federal Government, the state, and the municipalities of Bom Jesus da Serra, Caetano, and Poções as defendants. All were ordered to maintain the medical board created in a previous agreement, which will be responsible for all examinations and procedures necessary to investigate illnesses related to asbestos exposure.
Contacted by reporters, the Attorney General's Office (AGU) said it will issue a statement on the matter later today (23).
In addition to the R$ 500 million fine, the Federal Court ordered the freezing of Sama's "non-current" assets and the blocking of the company's profits.
The lawsuit names 11 people as victims, and Sama is ordered to pay each of them R$150 in individual moral damages, in addition to a minimum wage to be paid monthly for life. The ruling also requires Sama to include the 11 victims in a health plan and provide the necessary medications and equipment for their treatment.
In a statement, Sama confirms that it was notified of the decision yesterday (22) and that the activity carried out by the company on the site was "duly regulated".
Furthermore, Sama stated that it considers the R$ 500 million amount "incompatible" with the parameters established by the courts. The company informed that it will not pay the fine because it will take all legal measures within its reach to "reverse this decision in higher courts."
Asbestos is a type of naturally occurring mineral salt used in various commercial products due to its flexibility and resistance to chemical and thermal properties, for example. Constant exposure to asbestos fibers through inhalation can cause serious respiratory diseases, including lung cancer.
Due to the risk involved, the material is part of the main group of carcinogenic substances listed by the World Health Organization (WHO). Because of this risk, some countries and Brazilian states prohibit the industrialization and commercialization of all types of asbestos.