A federal appeals court in Brazil convicted the mining company Samarco and three of its former managers on Thursday (Sept. 3) for the collapse of the Fundão tailings dam in Mariana, in Minas Gerais state, which killed 19 people on November 5, 2015. The unanimous decision by the 2nd Criminal Chamber of the TRF-6, the federal appeals court for Minas Gerais, partially reversed a November 2024 lower-court ruling that had acquitted all defendants. According to Folha de S.Paulo, it is the first criminal conviction in a case widely described as Brazil's worst environmental disaster. The chamber granted appeals filed by federal prosecutors and by relatives of victims.
The three men were held responsible for the crime of causing a flood that resulted in death, and for environmental crimes. Germano Silva Lopes, former manager of structural projects, and Daviély Rodrigues Silva, former manager of geotechnics, were sentenced to 8 years and 9 months in prison in an initially closed regime, plus 192 day-fines. Wagner Milagres Alves, former manager of mine operations, received 7 years, 3 months and 14 days in an initially semi-open regime plus 160 day-fines, according to the Federal Prosecutor's Office. Folha reported his sentence as 7 years, 3 months and 15 days. Each day-fine equals 1/30 of the monthly minimum wage.
Samarco must pay a criminal fine of more than 6 million reais, transfer 1 million reais to the National Environment Fund and is barred from government contracts for ten years. According to the ruling described by prosecutors, the company knew about the risk of the dam breaking but adopted conduct that contributed to the disaster by ignoring technical warnings in order to increase profits.
Regional federal prosecutor Darlan Airton Dias, who argued for the convictions, defended the reversal:
"The acquittal ruling called the legitimate exercise of public criminal prosecution an 'obtuse search for the guilty'. Today the Second Chamber of the TRF-6 restored the truth and, in a strictly technical judgment, delivered justice, applying the due criminal response to those who caused this tragedy."
Acquittals upheld
The court upheld the acquittals of the companies Vale, BHP Billiton Brasil and VOGBR Recursos Hídricos e Geotecnia, and of three other defendants: Ricardo Vescovi de Aragão, then chief executive of Samarco; Kleber Luiz de Mendonça Terra, then director of operations and infrastructure at the miner; and Samuel Santana Paes Loures, a senior engineer at VOGBR. The Federal Prosecutor's Office said it still holds the company's decision-making leadership responsible and will examine whether to appeal the acquittals that were upheld.
Background and next steps
The Fundão collapse sent mining waste down the entire Doce River basin to the Atlantic Ocean at Linhares, in Espírito Santo, contaminating water sources, soil and air. It damaged the regional economy and destroyed farming, cattle ranching, commerce, services and fishing across the basin, according to prosecutors. The criminal case covered Samarco, Vale, BHP Billiton Brasil and VOGBR, along with executives and technical staff. At first instance, in November 2024, all of the accused were acquitted.
This week's convictions are not final. The three former managers can still appeal to Brazil's higher courts, such as the Superior Court of Justice. The law firm Maurício Campos & Brasileiro, which represents the three men, was contacted by Folha and had not responded by the time the newspaper published. The regional prosecutor's office told the newspaper it is reviewing the full text of the decision before deciding whether to appeal.