The trial of the appeal of the Federal Public Prosecutor’s Office (MPF) which tries to reopen the criminal action against Fábio Schvartsman, former president of Vale, for the tragedy of Brumadinho (MG), was suspended due to a request for review this Tuesday (16). Previously, there were two votes in favor of the appeal, which is currently being heard by the Superior Court of Justice (STJ) and only one remains to form a majority.
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In total, five ministers vote. They represent the 6th Chamber of the STJ, which judges the MPF’s appeal. The trial began in September, with a favorable vote from the rapporteur, Minister Sebastião Reis Júnior. Following this, Minister Rogério Schietti Cruz requested a review and the process was suspended until this Tuesday.
At the reopening today, Schietti voted in favor, making the score 2-0. But then it was Antônio Saldanha’s turn to ask for his opinion and the trial was suspended again.
If there is still a vote in favor, the STJ will annul the TRF-6 decision which canceled the criminal action against the former president of Vale for qualified double intent, for 270 deaths, due to the Brumadinho tragedy. Thus, the case would return to Federal Court and be tried by the court with a jury.
— Until the next session, we will continue to act and will be present again when the trial resumes — says Danilo Chammas, from the Cordilheira Institute, representative of the Association of Families of Victims and Affected by the Failure of the Mina Córrego do Feijão Dam (Avabrum).
If the STJ accepts the MPF’s appeal, the TRF-6 decision will be overturned and the criminal action against the former president of Vale will return to the Federal Court. Thus, the case will be tried by the court with a jury, responsible for deciding the guilt or innocence of the accused.
In the appeal, the MPF argued that the TRF-6 exceeded its jurisdiction by thoroughly evaluating the evidence during the habeas corpus trial in favor of Schvartsman. According to the prosecution, there was sufficient evidence to maintain Schvartsman as a defendant, as had already been decided in the first instance.
The tragedy of Brumadinho
The collapse of the Brumadinho dam on January 25, 2019, was one of the greatest environmental tragedies in the country’s history. There have been 270 deaths and contamination of the Paraopeba River, affecting the water in 26 towns.
When it ruptured, Vale’s Córrego do Feijão mine released approximately 12 million cubic meters of waste in just a few seconds.
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