Municipalities and families affected by the collapse of the Fundão dam, owned by Samarco, in Mariana (MG), have an important decision to make regarding compensation for the disaster.

This Tuesday (5), the tragedy that killed 19 people and released 43.8 million cubic meters of waste into the environment reached nine years.

To receive funds foreseen in the R$ 170 billion ($28 billion) settlement signed by governments and mining companies in Brazil, those involved must abstain from actions holding the companies accountable – in the country and abroad – for the already compensated damages.

This includes the trial in London, where the English law firm Pogust Goodhead has filed a class action lawsuit against BHP, the Anglo-Australian mining company that controls Samarco alongside Brazilian Vale. The ongoing lawsuit continues until March, but a verdict is only expected by mid-2025.

The compensation amount in this case could reach R$ 260 billion ($45 billion), and the resources allocated to the affected would, in theory, be greater than their entitlement in the settlement reached in Brazil.

The need to choose between the settlement in Brazil and the lawsuit in England was confirmed by Minister Jorge Messias, of the Attorney General's Office, who represented the federal government in negotiations. He emphasized that signing is voluntary.