O acordo de reparação do caso Mariana/MG e o processo na Corte de Londres: análise do risco de bis in idem no direito estrangeiro

Abstract

The collapse of the Fundão Dam in Mariana/MG, which occurred in 2015, was one of the largest socio-environmental disasters in Brazil, causing extensive environmental and social damage and affecting thousands of people. The case led to simultaneous litigation in Brazil and abroad, particularly in the London Court, where the responsibility of BHP Billiton is under discussion. Among the main legal issues is the possible application of the bis in idem principle, which seeks to prevent double sanctions and judgments. The study addresses the interaction between the reparatory agreement reached in Brazil and the judicial proceedings in London, focusing on the analysis of the bis in idem principle and aiming to investigate whether the coexistence of these processes constitutes a duplication of sanctions and the legal and social implications involved. The research employed an interdisciplinary approach and a comparative law study, combining legal analysis of the bis in idem principle with the study of national and international legislation. Judicial documents, agreements, and the arguments of the parties involved were analyzed. The findings suggest that the proceedings in the London Court may encounter the application of the bis in idem principle, given that BHP Billiton has already been held accountable under the agreement reached in Brazil. This scenario strengthens the likelihood that a potential conviction in England could be interpreted as a duplication of punishments, which might result in the termination of the case abroad