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The Federal Public Ministry (MPF), through the Brumadinho working group, requested in a public civil action the judicial intervention in mining Vale
, with the aim of guaranteeing the safety of the company’s dams.
In the lawsuit, filed in the 14th Civil Court of the Federal Justice of Minas Gerais, the prosecutors request a period of up to 15 days to are identified
the directors and other managers of Vale’s senior management, who must be removed and their functions replaced by a judicial auditor.
The request for intervention covers all functions
who are responsible for the development and implementation of plans and policies to internal security
in the company. The lawsuit was filed on August 31 and published by the MPF on Thursday (3).
In accordance with the MPF’s request for a preliminary precautionary measure (interim decision), the intervener must be tasked with preparing a work plan for the restructuring of the governance of the mining company, including short, medium and long-term goals. This plan should be put on trial
and approved by the parties.
It is also required
that the company is required to hire an external audit to review the proposed new government, preferably one of the four largest auditors in the world, known as the Big Four. The reports prepared must be submitted to the MPF, the Securities and Exchange Commission (CVM) and the National Mining Agency. These last two are indicated as defendants in the action.
HE MPF still requests
that the payment of dividends and interest on the capital stock to the shareholders be suspended until the company proves its full collaboration with the intervention measures.
“Contempt”
In the action, prosecutors allege that the Mariana and Brumadinho disasters
, in Minas Gerais, where Vale’s dams broke and caused death and destruction, are examples of the mining company’s “contempt” for the environmental and human risks of its activity.
The activity was being carried out with the priority only to production and profits
, in an “unsustainable and therefore abusive and disrespectful of human rights,” said the MPF.
Lawyers also claim that “a true corporate irresponsibility system
: which, at first glance, may reveal a single omission in terms of procedures and the treatment of risks of business activities, a closer look and investigation reveals a series of illegalities repeatedly committed in the field of one of the world’s largest mining companies. “
Other side
In a statement to the market, Valley
He said he learned of the request for intervention through a press release and has yet to be mentioned in the action. The company said it will file a statement in the case file within the legal deadline.
Vale clarifies that the current management practices of its mining structures reflect the best global references in the sector. In line with the continuous improvement of these practices, as it develops in the market, Vale changes implemented
during the last 18 months to further strengthen the security of its operational processes and the management of its geotechnical structures, ”the statement said.
A company appointment 18 steps
what it took to guarantee the safety of the dams, including the construction of new confinements in more sensitive dams and the realization of a new technical analysis of the history and current conditions of all its dams.
Dams
Yesterday (2), Vale reported that it had taken preventive action emergency protocol
at Level 1 of the Paracatu and Patrimônio dams, both in Minas Gerais, “a protocol that does not require the evacuation of the population downstream of the structures.”