O Ministério Público Federal denunciou à Justiça 21 pessoas por homicídio qualificado com dolo eventual – quando se assume o risco de cometer o crime – pela morte de 19 pessoas ocorridas na tragédia do rompimento da barragem de Fundão, em Mariana (MG).
Entre os denunciados estão o presidente afastado da Samarco, Ricardo Vescovi de Aragão; o diretor de Operações e Infraestrutura, Kleber Luiz de Mendonça Terra; três gerentes operacionais da empresa; 11 integrantes do Conselho de Administração da Samarco; e cinco representantes das empresas Vale e BHP Billiton na Governança da Samarco.
Além disso, eles estão sendo acusados pelos crimes de inundação, desabamento e lesões corporais graves, todos com dolo eventual previstos pelo Código Penal. As 21 pessoas ainda foram denunciadas por crimes ambientais, os mesmos que são imputados às empresas Samarco Mineração S.A., Vale S.A. e BHP Billiton Brasil LTDA.
Samarco, Vale e BHP Billiton vão responder por nove tipos de crimes contra o meio ambiente, que envolvem crimes contra a fauna, a flora, crime de poluição, contra o ordenamento urbano e patrimônio cultural. Samarco e Vale ainda são acusadas de três crimes contra a administração ambiental. No total, as três empresas, juntas, vão responder por 12 tipos de crimes ambientais.
Já a VOGBR Recursos Hídricos e Geotecnia LTDA. e o engenheiro sênior da empresa, Samuel Santana Paes Loures, estão sendo acusados por apresentação de laudo ambiental falso, uma vez que emitiram laudo e declaração enganosa sobre a estabilidade da barragem de Fundão.
Por fim, o MPF pediu reparação dos danos causados às vítimas. O valor deverá ser apurado durante a instrução processual e arbitrado pela Justiça.
Conseqüências
O rompimento da barragem de Fundão, em Mariana (MG), ocorrido no dia 5 de novembro de 2015, provocou destruição ao longo de toda a bacia do Rio Doce, chegando ao Oceano Atlântico, em Linhares (ES). Houve 19 mortes – entre adultos e crianças -, poluição e contaminação de recursos hídricos (Córrego Santarém, Rio Gualaxo do Norte, Rio do Carmo, Rio Doce e seus afluentes, regiões estuarina, costeira e marinha), do solo, do ar e do meio ambiente cultural.
O desastre afetou gravemente a vida de populações residentes na Bacia Hidrográfica do Rio Doce – e permanece ameaçando a manutenção e continuidade do modo de vida de povos e comunidades tradicionais, com agravamento, inclusive, dos problemas de saúde. Também comprometeu gravemente a economia regional e destruiu agricultura, pecuária, comércio, serviços e atividade pesqueira em toda a bacia hidrográfica, além da infraestrutura pública e privada nas cidades afetadas.
Os municípios também tiveram prejuízos, tanto os decorrentes da diminuição na arrecadação tributária, como os relacionados às ações emergenciais realizadas para mitigar os efeitos do desastre sobre a população atingida, e ainda perda de receita de alguns serviços, como o de abastecimento de água, esgotamento sanitário e produção de energia elétrica.
Denúncia
A ação penal protocolada pelo MPF faz um histórico de todos os problemas ocorridos na barragem de Fundão e da omissão dos denunciados em relação à tomada de decisões desde o licenciamento do empreendimento. Segundo a denúncia, mesmo conscientes de todos os riscos envolvidos na construção e na operação da barragem, “os denunciados optaram por uma política empresarial de priorização de resultados econômicos em detrimento de práticas de segurança para o meio ambiente e para as pessoas potencialmente afetadas, assumindo todos os riscos da causação das mortes”.
Para a Força-Tarefa, as investigações mostraram que os denunciados sabiam dos riscos de rompimento da barragem e, em vez de paralisar seu funcionamento, continuaram operando-a de forma irresponsável.
“De acordo com os depoimentos prestados percebemos que a segurança sempre esteve em segundo plano. O aumento da produção da Samarco procurou compensar a queda do valor do minério de modo a não só se manter, mas também a aumentar o lucro e os dividendos das suas acionistas Vale e BHP. Isso quando deveria ter adotado medidas para promover a segurança da barragem que pedia socorro e dava sinais de que romperia”, destaca o procurador da República José Adércio Leite Sampaio, coordenador da Força-Tarefa.
Além disso, a ação mostra que não foi dada a devida importância às comunidades situadas a jusante e que as decisões tomadas pelos acusados foram inconsequentes até mesmo com os funcionários da Samarco. A empresa não ofereceu treinamento adequado aos seus empregados e aos membros da comunidade com relação a situações críticas. Também não possuía, para casos de emergência, sirenes ou avisos luminosos.
Foi apurado, ainda, que a Samarco não prestava as informações tempestivas e completas aos órgãos de controle – inclusive os da própria empresa -, nem seguia plenamente as recomendações técnicas de segurança que deles recebia.
Um exemplo disso é que a Samarco não seguiu as recomendações do Manual de Operação, elaborado em 2007, revisado em 2012, e que deveria continuar sendo revisado a cada dois anos – o que não foi feito. O documento apresentava as diretrizes para o monitoramento geotécnico e ambiental, estabelecendo e relacionando os elementos a serem observados quando da realização das inspeções periódicas e, ainda, ações e procedimentos de segurança em caso de alterações nas leituras dos instrumentos de monitoramento.
“Ainda que obsoletas por não ter havido atualização desde 2012, algumas premissas que permaneciam válidas no Manual foram desrespeitadas pela empresa, configuradas falhas operacionais graves que concorreram para o rompimento da barragem em 2015. Fora que a carta de risco, uma espécie de protocolo do check list da barragem, também estava desatualizada. Tudo isso contribuiu para o desastre que deixou 19 pessoas mortas e esse dano imensurável ao meio ambiente”, frisa José Adércio.
Por fim, o MPF identificou nas investigações documento interno da Samarco que previa, em caso de rompimento da barragem, a possibilidade de provocar até 20 mortes, dano ambiental grave e paralisação das atividades da empresa por até dois anos.
Acusação
Recebida a denúncia, os acusados podem ir a júri popular e serem condenados a até 54 anos de prisão, além do pagamento de multa, de reparação dos danos ao meio ambiente e daqueles causados às vítimas da tragédia.
A ação penal – assinada pelos procuradores da República José Adércio Leite Sampaio, Jorge Munhós de Souza, Eduardo Henrique Almeida Aguiar, Eduardo Santos de Oliveira e Gustavo Henrique Oliveira – foi protocolada na Justiça Federal em Ponte Nova (MG), nesta quarta-feira, 19 de outubro.
Lista dos Denunciados
Empresas
1- Samarco Mineração S.A
2- Vale S.A
3- BHP Billiton Brasil LTDA
4- VOGBR Recursos Hídricos e Geotecnia LTDA
Pessoas físicas
5- Ricardo Vescovi de Aragão, diretor-presidente afastado da Samarco, brasileiro
6- Kleber Luiz de Mendonça Terra, diretor de Operações e Infraestrutura da Samarco, brasileiro
7- Germano Silva Lopes, gerente geral de Projetos Estruturantes da Samarco, brasileiro
8- Wagner Milagres Alves, gerente geral de Operações de Mina da Samarco, brasileiro
9- Daviely Rodrigues Silva, gerente de Geotecnia e Hidrogeologia da Samarco, brasileira
10- Stephen Michael Potter, integrante do Conselho de Administração da Samarco por indicação da Vale, britânico
11- Gerd Peter Poppinga, integrante do Conselho de Administração da Samarco por indicação da Vale, brasileiro
12- Pedro José Rodrigues, integrante do Conselho de Administração da Samarco por indicação da Vale, brasileiro
13- Hélio Cabral Moreira, integrante do Conselho de Administração da Samarco por indicação da Vale, brasileiro
14- José Carlos Martins, integrante do Conselho de Administração da Samarco por indicação da Vale, brasileiro
15- Paulo Roberto Bandeira, representante da Vale na Governança da Samarco, brasileiro
16- Luciano Torres Sequeira, representante da Vale na Governança da Samarco, brasileiro
17- Maria Inês Gardonyi Carvalheiro, representante da Vale na Governança da Samarco, brasileira
18- James John Wilson, integrante do Conselho de Administração da Samarco por indicação da BHP Billiton, sul-africano
19- Antonino Ottaviano, integrante do Conselho de Administração da Samarco por indicação da BHP Billiton, australiano
20- Margaret MC Mahon Beck, integrante do Conselho de Administração da Samarco por indicação da BHP Billiton, americano
21- Jeffery Mark Zweig, integrante do Conselho de Administração da Samarco por indicação da BHP Billiton, francês
22- Marcus Philip Randolph, integrante do Conselho de Administração da Samarco por indicação da BHP Billiton, americano
23- Sérgio Consoli Fernandes, integrante do Conselho de Administração da Samarco por indicação da BHP Billiton, brasileiro
24- Guilherme Campos Ferreira, representante da BHP Billiton na Governança da Samarco,
brasileiro
25- André Ferreira Gavinho Cardoso, representante da BHP Billiton na Governança da Samarco, brasileiro
26- Samuel Santana Paes Loures, engenheiro sênior da VOGBR, brasileiro.
Vale
Em Nota a Vale repudia as denúncias e diz que provas e informações importantes não foram levadas em consideração. Veja a íntegra da nota:
A Vale, como já sabido e comprovado, jamais praticou atos de gestão operacional na Samarco e tampouco na barragem de Fundão
A Vale inicialmente reafirma o seu profundo respeito e total solidariedade para com todos os impactados pelo trágico acidente havido com a barragem de Fundão, em especial as famílias das vítimas. Mas repudia veementemente a denúncia apresentada nesta data (20/10/2016) pelo Ministério Público Federal, que, optando por desprezar 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 à barragem de Fundão pela Vale por seus executivos e empregados, tenta, injustamente e a todo custo, atribuir-lhes alguma forma de responsabilidade incabível.
A Vale, como já sabido e comprovado, jamais praticou atos de gestão operacional na Samarco e tampouco na barragem de Fundão. É importante esclarecer que todos os executivos e empregados da Vale confirmaram que, enquanto membros do Conselho de Administração e dos Comitês de Assessoramento da Samarco, jamais foram informados pelo corpo técnico e diretivo da Samarco sobre quaisquer irregularidades que representassem riscos reais e/ou não tratados à barragem, nem por qualquer das consultorias responsáveis pelo monitoramento técnico daquela estrutura. Muito pelo contrário, frise-se, sempre lhes 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 denominado ITRB (International Tailings Review Board), e que toda e qualquer medida por eles proposta para a gestão da estrutura seguia as melhores práticas de engenharia e segurança, sendo sempre adequadamente implementadas, tendo também a renomada consultoria VOGBR atestado a estabilidade da barragem de Fundão.
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 no âmbito das matrizes gerais de gestão e governança. A Vale adotará firmemente as medidas cabíveis perante o Poder Judiciário para comprovar sua inocência e de seus executivos e empregados e acredita, serenamente, que a verdade e a sensatez irão prevalecer, fazendo-se a devida Justiça.
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