Claim resolution facilities in environmental disasters

lessons from Rio Doce case

Abstract

The article analyzes the damage assessment through claim resolution facilities in the collective reparation of environmental disasters, using the Rio Doce case study. The governance structures created after the collapse of the Fundão dam in Mariana in 2015 are evaluated, with a focus on the Renova Foundation model. The study includes three main agreements: the 2016 TTAC, which created the Renova Foundation; the 2018 TAC-Governance, which expanded the participation of affected communities; and the 2024 Renegotiation Agreement, which substantially altered the previous model. Through a comparison with American experiences, the research identifies three main factors for the model’s failure: governance that is excessively centralized in the companies, a rigid and bureaucratic damage matrix, and insufficient participation by the affected communities in decisions. The study concludes that effective specific infrastructure entities require truly independent governance structures, flexible damage assessment systems and institutional designs that guarantee adequate participation by affected communities.