A New Route for Redress in the Samarco Case? An Overview of the Simplified Indemnification System’s (Un)Lawfulness

Abstract

On 5 November 2015, the Fundão Dam collapsed, causing the most devastating tailings dam disaster to date. The dam was operated by Samarco S.A., a joint venture by Vale, Brazil’s biggest mining company, and BHP Billiton, the world’s largest mining company.1 Its tailings travelled down the Doce River for ca 700 kilometres until they reached the ocean, affecting 42 municipalities, two states, and thousands of communities along the way. The disaster caused myriad social, environmental and economic impacts: nineteen individuals were killed, and thousands endured physical or psychological harm; water resources and the soil were polluted; habitats were irreversibly destroyed; and the local economy suffered long-lasting damage. Traditional and indigenous communities were especially harmed, as their historical, social, religious and cultural relationships with their land led to even more profound harms.2