Observatório das Ações Penais

Mission

The Observatory of Criminal Actions on the Brumadinho Tragedy was born out of the need for a tool that would make it easier for the families of the 272 victims and other interested parties to understand the legal proceedings and administrative procedures taking place in Brazil and Germany. The aim is to reveal the truth and apply criminal justice to all those responsible for the crimes of homicide and other offenses related to the collapse of the Vale S.A. dam in Brumadinho, Minas Gerais.

It is therefore an initiative for the benefit of all those who call for justice, for the dignity of the victims, for the valorization of historical memory, for a justice system that is more accessible to people, for an end to impunity and for to ensure that tragedies like this never happen again.

About

The Observatory of Criminal Actions on the Tragedy in Brumadinho is an initiative of a collective of organizations interested in criminal justice and truth. The group is made up of the following institutions: Association of Families of Victims and People Affected by the Córrego do Feijão Dam Break (AVABRUM), Camila and Luiz Taliberti Institute, International Articulation of People Affected by Vale (AIAAV), Cordilheira Institute (IC), Our Lady of the Rosary Episcopal Region (RENSER) of the Archdiocese of Belo Horizonte, Human Rights Clinic of the Federal University of Minas Gerais, Dreikönigsaktion Hilfswerk der Katholischen Jungschar DKA (Austria), and from Germany, the organizations Misereor and the European Centre for Constitutional and Human Rights (ECCHR).

Premises

The information and documents made available are not confidential. This initiative reaffirms the constitutional principle of publicizing procedural acts, which gives the entire community “the power to monitor the acts carried out by the Judiciary. It finds its democratic legitimacy – since its members are not elected – notably in the duty to provide legally motivated decisions, as well as in the transparency of its acts (CRFB, art. 93, IX)”. 93, IX)”, (TJDFT, Judgment 1180679, case no . 0706689-86.2019.8.07.0000, Rapporteur: Waldir Leôncio Lopes Júnior, Criminal Chamber, judgment date: 24/6/2019, published in DJE: 3/7/2019).

Resolution 121 of the Brazilian National Council of Justice guarantees the right of access to procedural information to any and all persons, including the number, class and subject matter of the case; the names of the parties and their lawyers; procedural movement; and the full content of decisions, sentences, votes and judgments.

In the words of former Federal Supreme Court Minister Celso de Mello:

 “The National Constituent Assembly, in a moment of happy inspiration, repudiated the state’s commitment to mystery and secrecy, so strongly reinforced under the authoritarian aegis of the previous political regime. By desacralizing secrecy, the Constituent Assembly restored an old republican principle and fully exposed the state to the democratic principle of publicity, which, in its concrete expression, has become a legitimizing factor for government decisions and acts. This means, therefore, that only in exceptional circumstances can judicial proceedings be subject to the (improperly named) secrecy regime.” (Supremo Tribunal Federal, 2a .Turma, HC 119538 AgR, Relator Min. Celso de Mello, judgment on 22/10/2013, publication on 26/11/2013).