Justiça aceita denúncia contra 22 pessoas e 4 empresas por tragédia de Mariana

samarco-barragem-Mariana-pintA Justiça Federal aceitou a denúncia apresentada no mês passado pelo Ministério Público Federal (MPF) contra 22 pessoas envolvidas no rompimento da Barragem de Fundão, localizada próxima ao distrito de Bento Rodrigues, em Mariana (MG). Dessas, 21 são acusadas de inundação, desabamento, lesão corporal e homicídio com dolo eventual, que ocorre quando se tem a intenção ou assume o risco de matar. A Samarco, responsável pela estrutura, e suas acionistas Vale e BHP Billiton também se tornaram rés por diversos crimes ambientais. O engenheiro Samuel Loures e a empresa VogBR responderão pela emissão de laudo enganoso sobre a estabilidade da barragem.

Considerada a maior tragédia ambiental do Brasil, o episódio que deixou 19 mortos completou um ano no dia 5 de novembro de 2016. A lama de rejeitos que se espalhou destruiu comunidades, devastou a vegetação nativa e poluiu a Bacia do Rio Doce. Ainda estão dispersos 43 milhões de metros cúbicos de lama entre a barragem que se rompeu e a Usina Hidrelétrica de Candonga.

Entre os réus estão diversos funcionários da Samarco: Ricardo Vescovi, presidente afastado; Kleber Luiz Terra, diretor afastado de Operações e Infraestrutura; e três gerentes. Onze integrantes do Conselho de Administração, que incluem representantes da Vale e da BHP Billiton, também são acusados. A condenação por todas as acusações podem gerar penas individuais de até 54 anos de prisão, além de multas e reparação dos danos causados às vítimas.

A Samarco, Vale e BHP Billiton haviam sido denunciadas pelo MPF por 12 crimes ambientais previstos, entre eles poluição, inundação, desmoronamento, crimes contra a fauna e a flora, crimes contra ordenamento urbano e contra o patrimônio cultural. As penas para as empresas incluem multas, interdições temporárias, proibição de contratos com o Poder Público e prestação de serviços comunitários, tais como custear programas de órgãos e entidades ambientais e executar de obras em áreas degradadas.

A aceitação da denúncia foi assinada pelo juiz Jacques de Queiroz Ferreira na última quarta-feira (16). Ele também determinou a prioridade de tramitação e a retirada de sigilo do processo. Os réus têm um prazo de 30 dias para responder às acusações.

Em nota, a Samarco informou que ainda não foi citada no processo. A empresa afirmou também que a denúncia do MPF desconsidera os depoimentos apresentados ao longo das investigações que comprovam o desconhecimento prévio de riscos nas estruturas.

A Vale também divulgou nota à imprensa repudiando a denúncia, qual, segundo a empresa, teria desprezado “as inúmeras provas apresentadas, a razoabilidade, os depoimentos prestados em quase um ano de investigação que evidenciaram a inexistência de qualquer conhecimento prévio de riscos reais”. O texto acrescenta que a mineradora jamais praticou atos de gestão operacional na Samarco, tampouco na barragem de Fundão e que, aos membros do Conselho de Administração e dos comitês de Assessoramento da Samarco, sempre foi assegurado que a barragem de Fundão era regularmente avaliada, não só pelas autoridades legalmente competentes, como também por um renomado grupo de consultores internacionais independentes.

“Saliente-se ainda que a segurança em geral, especialmente a de barragens, foi a todo tempo uma premissa a ser fielmente observada, sendo uma das diretrizes institucionais do Conselho de Administração, nunca tendo havido, sequer, qualquer mera recomendação por parte de seus membros de redução de investimentos nessa área. Inclusive existem atas do próprio conselho onde se constata a segurança como prioridade número um”, finaliza a nota.

Na mesma linha, a BHP Billiton também criticou a atuação do MPF e informou que dará suporte à defesa de seus funcionários. “A decisão da Justiça Federal não significa um juízo de culpabilidade, mas trata-se de etapa processual que marca o início da tramitação da ação penal”, acrescenta a empresa em nota. Procurada pela Agência Brasil, a a VogBR ainda não retornou aos contatos.

“Ganância”

A ação penal do MPF foi protocolada no dia 19 de outubro. O documento de 272 páginas faz um histórico dos problemas ocorridos na barragem. Em apresentação realizada na ocasião, os procuradores consideraram que a ganância da Samarco foi a causa da tragédia. Documentos internos da mineradora de 2015 obtidos pelo MPF traziam um prognóstico em caso de rompimento da barragem, apontando a possibilidade de aproximadamente 20 mortes e paralisação das atividades da empresa por até dois anos.

Mesmo consciente dos riscos, a empresa teria priorizado os resultados econômicos em detrimento das práticas de segurança. “A Samarco tinha uma gerência que atuava na gestão de riscos. Em vez de paralisar as operações da barragem, a empresa continuou mantendo sua operação de forma irresponsável”, disse o procurador Jorge Munhós.

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