Post by account_disabled on Feb 22, 2024 5:10:47 GMT -5
The mining company Vale SA and an engineering company, based in the capital of Minas Gerais, will have to pay, jointly, compensation of thousand to a worker who escaped the collapse of the Córrego do Feijão tailings dam, in Brumadinho (MG ). The value refers to the moral damage suffered by the worker due to the psychological repercussions and the acute injury to the spine resulting from the effort made to escape at the time of the accident, in addition to the material damage related to the belongings lost in the tragedy. Presidency of the Republic 1st Panel of TRT-3 decided to maintain Vale's conviction and increase compensation Presidency of the Republic/Disclosure The worker will also receive a monthly pension for life, corresponding to 50% of the salary. The decision was made by the judges of the 1st Panel of the TRT-3, who unanimously maintained the conviction imposed by the court of the 37th Labor Court of Belo Horizonte, only increasing the value of the compensation fixed in the first degree. The worker worked as a foreman and claimed that, at the time of the rupture, he was carrying out maintenance on an electrical conduit, on the third floor of the ore treatment facility building, which is in front of the dam. He said he heard a very loud noise and the building started to shake. From the balcony, he could see a giant wave of mud swallowing everything in front of it. The worker reported that he ran with his companions, but many of them had their bodies almost completely buried in the mud, trapped in the wreckage, and were unable to save themselves. He reported that the tension experienced at the time of the tragedy resulted in post-traumatic stress, for which he is still undergoing treatment.
He said that, as he was escaping, he Finland Mobile Number List fell and was hit in the spine by wood and pieces, and was diagnosed, according to him, with a series of health problems. The medical expert's report proved that the worker was temporarily incapacitated for three months, as he suffered acute lower back pain due to the effort made while escaping. The report also pointed out that the professional "is permanently incapable of performing any function that could be equated to that performed in a mining environment, as a result of the psychological damage suffered." The expertise indicated existential damage, identified mainly by an impediment to the enjoyment of activities such as leisure and sport. According to the report, "the victim had his entire routine and life planning changed." In its defense, Vale claimed that any resulting damages must be analyzed from the perspective of labor legislation and, in a subsidiary manner, civil legislation. For the company, the damage suffered by the author, the omissive or commissive act of the defendants and the causal link between them must be demonstrated, which, according to the mining company, did not occur. The other defendant company maintained that the accident occurred due to Vale's sole fault and that it would not be able to assess the risk of the workplace and that its objective liability would not be characterized. High risk For the reporting judge Emerson José Alves Lage, objective responsibility must be recognized, as, in fact, the activity carried out by Vale generates a situation of high risk. "Under the polluter-pays principle, the employer is objectively responsible for the degradation of the working environment, as the costs arising from damage caused to the environmental environment or to directly or indirectly exposed third parties, such as workers, must be internalized", he pointed out.
According to the judge, when concluding an employment contract, the employer is obliged to provide his employee with full conditions to carry out his activities well. "Especially with regard to safety in the provision of work activities, under penalty of being held responsible for injuries and losses caused, based on articles 186 and 927 of the Civil Code". In his guiding opinion, the judge cited the document "Dam Break Risk Analysis", which, according to him, highlights Vale's culpable conduct. The report, which was produced by the company itself, was also part of the series of documents attached by the Public Ministry of Labor in the public civil action filed against the company and which supported the compensation claims. In the rapporteur's view, the document serves as an instrument for "better knowledge of the risks associated with these structures as close as possible to reality and, at the same time, as a management tool for the responsible entrepreneur". According to the judge, the document reveals that Vale knew the costs it would incur if the dam failed. In the decision, the judge cited the report produced by the CPI established in the Federal Senate on the dam collapse. Topics in the document were highlighted that robustly detail technical procedures related to B1 (licensing, stability monitoring and emergency action plan), proving serious failures, omissions and also fraud. For Lage, the company had every chance to avoid the problem, which included, according to him, evacuating people in the risk area in time. "In this way, the company's degree of culpability is enormous, bordering on possible intent."
He said that, as he was escaping, he Finland Mobile Number List fell and was hit in the spine by wood and pieces, and was diagnosed, according to him, with a series of health problems. The medical expert's report proved that the worker was temporarily incapacitated for three months, as he suffered acute lower back pain due to the effort made while escaping. The report also pointed out that the professional "is permanently incapable of performing any function that could be equated to that performed in a mining environment, as a result of the psychological damage suffered." The expertise indicated existential damage, identified mainly by an impediment to the enjoyment of activities such as leisure and sport. According to the report, "the victim had his entire routine and life planning changed." In its defense, Vale claimed that any resulting damages must be analyzed from the perspective of labor legislation and, in a subsidiary manner, civil legislation. For the company, the damage suffered by the author, the omissive or commissive act of the defendants and the causal link between them must be demonstrated, which, according to the mining company, did not occur. The other defendant company maintained that the accident occurred due to Vale's sole fault and that it would not be able to assess the risk of the workplace and that its objective liability would not be characterized. High risk For the reporting judge Emerson José Alves Lage, objective responsibility must be recognized, as, in fact, the activity carried out by Vale generates a situation of high risk. "Under the polluter-pays principle, the employer is objectively responsible for the degradation of the working environment, as the costs arising from damage caused to the environmental environment or to directly or indirectly exposed third parties, such as workers, must be internalized", he pointed out.
According to the judge, when concluding an employment contract, the employer is obliged to provide his employee with full conditions to carry out his activities well. "Especially with regard to safety in the provision of work activities, under penalty of being held responsible for injuries and losses caused, based on articles 186 and 927 of the Civil Code". In his guiding opinion, the judge cited the document "Dam Break Risk Analysis", which, according to him, highlights Vale's culpable conduct. The report, which was produced by the company itself, was also part of the series of documents attached by the Public Ministry of Labor in the public civil action filed against the company and which supported the compensation claims. In the rapporteur's view, the document serves as an instrument for "better knowledge of the risks associated with these structures as close as possible to reality and, at the same time, as a management tool for the responsible entrepreneur". According to the judge, the document reveals that Vale knew the costs it would incur if the dam failed. In the decision, the judge cited the report produced by the CPI established in the Federal Senate on the dam collapse. Topics in the document were highlighted that robustly detail technical procedures related to B1 (licensing, stability monitoring and emergency action plan), proving serious failures, omissions and also fraud. For Lage, the company had every chance to avoid the problem, which included, according to him, evacuating people in the risk area in time. "In this way, the company's degree of culpability is enormous, bordering on possible intent."