TST guarantees 'death damages' to victims of Brumadinho

The 3rd Panel's decision establishes compensation of R$1 million to the families of 131 workers killed in the tragedy.

The Superior Labor Court (TST) upheld a decision that ordered Vale to pay R$1 million in compensation to the families of 131 workers killed in the Brumadinho (MG) tragedy in January 2019. The 3rd Panel unanimously accepted the so-called “death damage” thesis.

The theory gained traction after the tragedy. Death damages are not covered by labor law. They are addressed in legal doctrine, but rarely applied in court.

Although Vale had already reached an agreement with the Labor Prosecutor's Office (MPT) to pay compensation, families and unions began filing lawsuits seeking death damages, arguing that the deceased workers should be compensated for suffering in the minutes before their deaths. There are currently approximately 65 lawsuits pending.

In total, 272 people died as a result of the collapse of the Córrego do Feijão Mine dam in Brumadinho, Minas Gerais. The case judged by the 3rd Panel was brought by the Union of Workers in the Iron and Base Metals Industry and Extraction of Brumadinho and Region (Metabase), which lost 131 workers directly hired by the company. An appeal is pending (case no. 10165-84.2021.5.03.0027).

This is the second death injury case heard by the Superior Labor Court (TST) in the Brumadinho case. In the first, the 5th Panel unanimously denied compensation to the family of a worker (case no. 0011001-71.2020.5.03.0163).

In the case analyzed yesterday, the justices ruled on appeals filed by Vale and the union against a decision by the 4th Panel of the Regional Labor Court of Minas Gerais (TRTMG). The justices upheld the ruling that ordered Vale to pay R$1 million in compensation for death injuries per victim.

The rapporteur, Justice José Roberto Freire Pimenta, in a nearly 200-page vote, denied all of Vale's requests. He argued that the existence of individual agreements with full and unrestricted settlements would not prevent the matter from being analyzed and individual cases from being reviewed during the enforcement (collection) phase.

In his vote, he also denied the union's request to increase the compensation to R$3 million. He also denied the granting of free legal aid, arguing that the union had not proven the need.

Regarding the merits, he understood that compensation was appropriate. According to him, when a worker suffers a serious accident, they are entitled to compensation, and this is no different in the case of death. He believes this compensation should not be confused with moral damages for the family's suffering.

Article 12, sole paragraph, of the Civil Code clearly stated that, in the event of death, the surviving spouse or any relative in a direct or collateral line up to the fourth degree has standing to claim personality rights. It also cited Article 943 of the Civil Code and Summary Ruling No. 642 of the Superior Court of Justice (STJ). According to the rules, the right to demand compensation is transmitted with the inheritance.

Two other individual cases involving families seeking compensation for death injuries were subsequently analyzed. In these cases, the families appealed decisions by the Regional Labor Court of Minas Gerais (TRT-MG) that found them without standing to seek compensation. The 3rd Panel of the Superior Labor Court (TST), however, ruled that they had standing and returned the cases to the Regional Labor Court of Minas Gerais (TRT-MG) for a new trial (cases no. 0010680-22.2021.5.03.0027 and no. 0010092-58.2021.5.03.0142).

According to Luciano Pereira, lawyer for the Metabase Union of Brumadinho, "the ruling restores the protective nature of the Labor Court and prevents Vale's cruel thesis that a dead worker has no right to compensation from coming to fruition, by guaranteeing the right to compensation for the biggest victims of what was the biggest workplace accident in Brazilian history, a true tragedy-crime."

Vale's lawyer, Maurício Pessoa of Pessoa Advogados, says he will appeal. He believes six of the eight Superior Labor Court (TST) panels have a consolidated understanding that compensation for death injuries is not appropriate. "Brumadinho, from a legal standpoint, is no different from other cases. The accident's characteristics don't change the law," he says.

For lawyer Daniel Chiode, from Chiode Minicucci Advogados, “this is an innovative precedent, which has a persuasive effect, and there is still a long way to go to pacify the issue, which must be re-evaluated by the STF, given its undeniable social, economic and legal repercussions.”

Em nota, a Vale informa que as indenizações resultantes do rompimento da barragem e previstas na legislação foram objeto de amplo acordo celebrado em 2019, assinado com o Ministério Público do Trabalho e participação dos sindicatos, por meio do qual houve a definição de parâmetros, critérios e valores para pagamento dos danos morais e materiais para os familiares dos trabalhadores falecidos. Após essa conciliação, acrescenta, já foram firmados acordos com mais de  1,7 mil familiares de trabalhadores falecidos, tendo sido pagos mais de R$ 1,1 bilhão no âmbito da Justiça do Trabalho.

Article originally published in Valor Econômico on June 21, 2023.