RE: Federal judge approves agreement20 Feb 2020 19:38
Yay!
Judge Hilton Sávio Gonçalo Pires, of the 6th Federal District Court of Amapá, ratified an extrajudicial damage composition agreement between Anglo American Investimentos - Minério de Ferro Ltda., And Anglo Ferrous Brazil Participações SA with the State and Federal Public Ministries, and the municipalities of Santana, Serra do Navio and Pedra Branca do Amapari.
Under the ratified agreement, the mining companies will pay R $ 47 million, resources that will be destined to the municipalities of Santana, Serra do Navio and Pedra Branca do Amapari, for use in social projects and public policy actions in the areas of education, health and infrastructure.
The agreement is the result of a public civil action, with a request for emergency relief, proposed against the mining companies to comply with the obligation to do consistent in promoting the recovery of environmental damage, payment of damages for property damage (subsidiary request) and pecuniary compensation for damages. moral.
At a conciliation hearing held on December 10, 2019, the parties clarified the damage composition agreement.
Compensatory measures were established “to the alleged and possible environmental and social damages caused by the collapse of the port terminal located in the municipality of Santana”, covering an amount of R $ 47 million.
The agreement involves directing resources to the municipalities of Santana, Serra do Navio and Pedra Branca do Amapari, with application to social projects and public policy actions in the areas of education, health and infrastructure.
Inspection will be incumbent on the Federal Public Ministry, the State Public Ministry, together with the representatives of the community, and the legal entities required, through an audit company contracted at their expense, thus providing transparency to the performance of the agents involved. It also establishes penalties in case of non-compliance, without prejudice to the applicable civil, administrative and criminal measures.
In an excerpt from the sentence, Judge Hilton Pires wrote: “I note that the agreement preserves the interests to which it refers, with no doubt about the freedom of consent of any interested party who freely adhered to its terms. I still don't see a legal obstacle to the clauses that govern the agreement
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