The trial of Anglo-Australian mining company BHP in London, stemming from the lawsuit filed by victims of the Mariana dam collapse in the Brazilian town of Mariana, Minas Gerais state, reached a decisive stage on Thursday (Mar. 13). The English court heard the final arguments from both the prosecution and the defense, with a verdict expected in June or July.
If the court rules against the company, the case will proceed to the compensation calculation phase, slated for late 2026 or early 2027. However, the law firm Pogust Goodhead, representing approximately 620,000 affected individuals and 31 municipalities, is confident that part of the compensation could be received sooner.
“Under English law, if the judgment is in your favor, you can request the court to expedite the compensation. It’s possible to receive a percentage of the damages—ranging from 50 percent to 75 percent—before the case concludes,” said Tom Goodhead, the firm’s managing director.
The lawyers representing the affected parties are seeking compensation of approximately BRL 260 billion, to be paid in cash. The lawsuit cites various damages, including property and income losses, increased expenses, psychological impacts resulting from displacement, and lack of access to water and electricity, among others.
Lawyer and former Justice Minister José Eduardo Cardozo is collaborating with the Goodhead law firm on the case, providing English lawyers with insights into Brazilian legal standards. He remains optimistic that BHP, a partner of the Brazilian company Vale in the creation of Samarco, will be convicted.
“I am convinced that the evidence regarding BHP’s responsibility is overwhelming. It will be condemned, and the compensation should be much higher than what was set in the Brazilian agreement. That’s why the company rushed to make the agreement in Brazil, in an attempt to deflate the lawsuit in England,” says Cardozo.
Brazilian agreement
Last Thursday (6), the deadline for municipalities to sign the reparation agreement with Samarco, approved by the Superior Federal Court, expired.
The agreement stipulates that BRL 170 billion will be allocated for actions to repair and compensate for the damage caused by the disaster, with municipalities entitled to just 4 percent of this amount.
The 26 municipalities that accepted the proposed terms waived their right to file additional lawsuits against the mining companies. If BHP is found guilty in England, they will not be entitled to any compensation.
“We’re here together, the 23 mayors who didn’t sign the agreement and nine other municipalities who weren’t recognized in Brazil. It was a very difficult process, with a lot of pressure on us to sign. But the amounts offered were low, with payment expected over 20 years. And we are confident that, with this conviction in London, we will be paid immediately and at a higher rate than what was offered in Brazil,” said Juliano Duarte, mayor of Mariana.
Losses
For those who lost family members in the dam collapse of November 2015, the nearing resolution of the case in England is seen as a source of relief.
“Since the collapse, we’ve known that Vale, BHP, and Samarco are guilty of this crime. It wasn’t a fluke or an accident. Twenty lives were lost. What we want is accountability,” said Monica dos Santos, who lost her home in the disaster.
“There’s anxiety, but also a sense of victory at reaching this final stage. It’s been exhausting for everyone. Nine and a half years of waiting for justice. But we have great hope that the company will be condemned,” said Gelvana Rodrigues, who lost her 7-year-old son, Thiago.
“Just hearing these closing arguments gives me some relief. It’s very painful to be here, but the sense is that justice will be served and BHP will be condemned. I will have a little more peace knowing that my daughter’s life was not taken in vain,” said Pamela Fernandes, who lost her 5-year-old daughter, Emanuelle.
BHP statement
In a statement, BHP expressed confidence in its defense in the UK, asserting that the evidence presented demonstrates the company’s commitment to safety as a top priority and its responsible actions throughout.
“We will continue to defend ourselves in this case, respecting the English legal process. BHP is not involved in any settlement negotiations regarding the English lawsuit and remains confident that the efforts underway in Brazil since 2015 are the best approach to ensure full and fair reparation for those affected and for the environment,” the statement said.
