Case Name: Rio Doce vs. União Federal e Estado de Minas Gerais (Disaster in Mariana and the Minas Gerais Disaster Prevention Plan)

Summary

This is a lawsuit filed by Rio Doce, represented by the Pachamama Association, against the Federal Government and the State of Minas Gerais due to the collapse of the Samarco mining company's tailings dam in the municipality of Mariana/MG. The lawsuit seeks to recognize the Rio Doce Basin as a legal entity and hold the Federal Government and the State of Minas Gerais accountable for failures to take disaster prevention measures. The disaster contaminated the Rio Doce with 62 million cubic meters of iron ore sludge, causing damage to the Rio Doce ecosystem and its riverside populations. The lawsuit alleges that the National Policy on Climate Change – PNMC (Law 12,187/2009) and the National Policy on Civil Defense and Protection (Law 12,608/2012) were not complied with, which actively contributed to the socio-environmental disaster. It is stated that the PNMC requires the State to reconcile economic and social development with the protection of the climate system, and that the National Plan for Adaptation to Climate Change (PNA) pointed out flaws in its implementation, especially regarding the failure to establish a national registry of municipalities with areas susceptible to disasters and the development of a State Plan for Protection and Civil Defense. These would be important instruments to guarantee the protection of river basins and the prevention of future disasters. Thus, it is stated that the State's failure to comply with its obligations for preventive disaster management provided for in the Law of the Sea, Climate Law and Disaster Law must be remedied. As a preliminary injunction, it is requested that the Rio Doce River Basin be recognized as a subject of law; that all people be given broad legitimacy to defend the right to a healthy existence of the Rio Doce River Basin; the condemnation of the Federal Union and the state of Minas Gerais to establish a national registry of municipalities with areas susceptible to disasters and to prepare the Minas Gerais Disaster Prevention Plan, with the participation of representatives of academic institutions and riverside communities. In the final instance, the action is requested to be upheld with confirmation of the preliminary requests. In the ruling, the case was dismissed due to the lack of procedural prerequisites regarding active legitimacy due to the lack of legal personality of the Rio Doce Hydrographic Basin. No appeal was filed against the decision, which became final and binding and the case was archived.

See more See less

Main norms mobilized

• Federal Constitution (CRFB/88)
• ILO Convention 169 (Federal Decrees 5.051/2004 and 10.088/2019)
• National Civil Defence System Law (Federal Law 12.340/2010)
• National Policy on Civil Protection and Defense Act (Federal Law 12.608/2012)
• National Policy on Climate Change Act - PNMC (Federal Law 12.187/2009)
• UN Convention on Biological Diversity (1992)

Case timeline

Case documents