From the Renova Foundation to multi-level collective agreements

the legal evolution of reparations for environmental disasters between Mariana and Brumadinho

Abstract

The environmental disasters of Mariana (2015) and Brumadinho (2019) exposed the vulnerabilities of the Brazilian legal system in dealing with mass litigation arising from major environmental catastrophes. The rupture of mining tailings dams generated socio-environmental and socio-economic impacts of continental proportions, demanding effective legal responses for the comprehensive reparation of damages caused to affected communities. This study aims to comparatively analyze the evolution of collective agreement mechanisms used in the Mariana and Brumadinho cases, identifying the procedural innovations implemented and evaluating their effectiveness in repairing socio-environmental damages in mass litigation. The research demonstrated that the Brumadinho case represented a significant advance in the legal management of disasters, implementing innovations such as integrated judicial response through multi-institutional task forces, emergency financial aid with presumption of territorial impact, guarantee of independent technical assistance to those affected, and robust audit and transparency mechanisms. The multi-level agreement model adopted in Brumadinho contrasted positively with the structural limitations of the Renova Foundation in Mariana, whose failure was institutionally recognized through the Renegotiation Agreement endorsed by the Federal Supreme Court in 2024. It is concluded that although Brumadinho demonstrated qualitative evolution in the procedural approach to environmental disasters, challenges persist in quantifying complex damages, continuous monitoring of reparatory measures, and ensuring comprehensive reparation. The lessons learned contribute to the consolidation of a more effective model for legal disaster management in Brazil, prioritizing the participation of affected communities and