Defendant in the Brumadinho case, Tüv Süd returns to German court on February 27
The company that submitted a positive declaration of stability of the B1- Mina Córrego do Feijão dam, four months before its collapse, that killed 272 people, will attend to a second hearing in the court of Munich, city of its headquarters
Besides responding for crimes against fauna and flora and pollution in Brazil, the German certifying company Tüv Süd is also being judged in its country of origin. One of the actions in the international fight to obtain judicial redress against the company is held by the Brazilian office Advocacia Garcez, which represents 183 surviving workers and relatives of fatal victims of the collapse of Vale’s tailings dam. The lawsuit was introduced in January 2021, by Brazilian lawyer Maximiliano Garcez in conjunction with German lawyers Ruediger Helm and Ulrich von Jeinsen, as well as the support of the German Trade Union Movement – IGBCE.
The first trial, held on September 19, 2022, was attended by two directors of the Association of Families of Victims and Affected by the Collapse of the Córrego do Feijão Mine Dam in Brumadinho (Avabrum): Alexandra Andrade and Maria Regina da Silva. On the occasion, in a speech authorized by the judge, these two women who lost loved-ones to the criminal tragedy had the chance to appeal for justice in the court.
After the trial, in a live broadcast on the networks, attorney Maximiliano Garcez, from Advocacia Garcez, reported that, after Alexandra and Maria Regina spoke, the chief attorney of the Tüv Süd conglomerate, Florian Stork, asked for the floor to address to the victims’ relatives, and ended up expressing regret. “When he expressed feelings for the victims’ pain, he spoke in English using the word ‘regret’, and the Portuguese translator used the word ‘condolences’. I interrupted, and explained to the judge that the word ‘regret’ means regret, guilt, not condolences. So, even though Tüv Süd’s lead attorney insists that they have not taken responsibility, he used the word ‘regret’, which has no dubiousness whatsoever, confirming the guilt that Tüv Süd has.”
On February 27, 2023, there will be another hearing and a decision is expected in the process, which may determine the production of new evidence or even the delivery of a decision on the merits. German and Brazilian lawyers will be present at the Munich Regional Court on the scheduled date, and will also continue to work in Germany in search of advances in criminal investigation in that country.
Avabrum seeks for national and international governmental support
Having attended to an audience in Brasília on January 30, The Association of Families of Victims and Affected by the Collapse of the Córrego do Feijão Mine Dam in Brumadinho obtained support from representatives of the government of President Luiz Inácio Lula da Silva to the struggle for reparation and justice for the tragedy in Brumadinho.
Avabrum also filed, at the German Embassy in Brasilia, a letter to the Prime Minister of Germany, Olaf Scholz, asking for the chancellor’s collaboration in the dialogue with Tüv Süd.
In the letter, Avabrum informs that the dam certifier has refused to dialogue with the unions that support the cause of the entity, among them the Industrial Union of Mining, Chemistry and Energy (IGBCE), from Germany.
“We, the families of the victims and those affected by the biggest industrial crime-tragedy in Brazil, demand that Tüv Süd treat us with respect. Tüv Süd, through its fraudulent certification of the collapsed dam in Brazil, is partially responsible for our losses and for the deaths of 272 people, most of whom are from Minas Gerais”, says one of the excerpts from the letter.
In the document, the association also asks the Chancellor to intercede with Tüv Süd so that the German company does not adopt “unnecessary legal maneuvers” and that it chooses to face “misconduct” by the certifier’s employees who would be responsible for issuing certificates of stability.
Most of the communication, publicizing and public relations actions carried out by Avabrum since February 2022 have had the support of the Brumadinho Legacy Project*, a program in memory of 272 victims of the biggest humanitarian tragedy of Brazil, in an attempt to establish a new mindset in society concerning the importance of safety at work policies. Their motto is: Today, you can save lives. Tomorrow, it might be too late.
*Project carried out with resources allocated by the Management Committee for Collective Moral Damage paid as social compensation for the rupture of the dam in Brumadinho on 01/25/2019, which took away 272 lives.
——-
Read below the full version of the document:
Brumadinho (MG) 30 de janeiro de 2023.
Respect for the victims of TÜV SÜD
Dear Chancellor,
We, the victims and families of victims of Brazil’s largest industrial crime tragedy, demand that TÜV SÜD treat us with respect. TÜV SÜD, through its faulty certification of the collapsed dam in Brazil, is partly responsible for our losses and the deaths of 272 people, most of them miners.
During our visit to the German Bundestag with the Member of Parliament Barbara Hendricks and the office of Yasmin Fahimi, we were able to present our concerns to the politicians.
Through the IG BCE and its president Michael Vassiliadis we are supported in enforcing our rights at the Munich I Regional Court.
TÜV SÜD meets us in a colonial way without understanding and respect. With extremely expensive and many lawyers, it does not shy away from any tricks in court. They refuse to talk to our trade unions and the IG BCE. TÜV SÜD and its lawyers are blatantly perpetuating our suffering.
TÜV SÜD acts as if the certification it has granted is meaningless. He denies the death of our relatives, our suffering and our relationship to our lost loved ones. We are supposed to prove everything. He hopes that we will run out of money and that a German court will not rule against a respected German corporation.
Dear Chancellor, ask TÜV SÜD to start talking to us, the victims, supported by IG BCE and our Brazilian trade unions. Ask a representative of the German government or Ms. Fahimi and/or Ms. Hendrik to organize the talks.
Dear Chancellor, demand that TÜV SÜD refrain from unnecessary legal shenanigans in protecting its interests, but face up to the misconduct of its persons responsible for certification.
Dear Chancellor, every day that TÜV SÜD forces us to continue proving our rights and suffering in court in every little detail prolongs our suffering. All of this has already been determined and established beyond doubt by Brazilian authorities and courts.
Dear Chancellor, help us that TÜV SÜD treats us with respect. Help us to ensure that TÜV SÜD behaves responsibly towards us.
Thank you very much for allowing us to turn to you
Alexandra Andrade Gonçalves Costa, President
Andresa Aparecida Rocha Rodrigues, Vice President
of the Association of Families of Victims and Victims of the Tragedy of the Collapse of the Dam of the Córrego Feijão Brumadinho Mine, AVABRUM (https://avabrum.org.br/)
![]()
Compartilhar:
The company that submitted a positive declaration of stability of the B1- Mina Córrego do Feijão dam, four months before its collapse, that killed 272 people, will attend to a second hearing in the court of Munich, city of its headquarters
Besides responding for crimes against fauna and flora and pollution in Brazil, the German certifying company Tüv Süd is also being judged in its country of origin. One of the actions in the international fight to obtain judicial redress against the company is held by the Brazilian office Advocacia Garcez, which represents 183 surviving workers and relatives of fatal victims of the collapse of Vale’s tailings dam. The lawsuit was introduced in January 2021, by Brazilian lawyer Maximiliano Garcez in conjunction with German lawyers Ruediger Helm and Ulrich von Jeinsen, as well as the support of the German Trade Union Movement – IGBCE.
The first trial, held on September 19, 2022, was attended by two directors of the Association of Families of Victims and Affected by the Collapse of the Córrego do Feijão Mine Dam in Brumadinho (Avabrum): Alexandra Andrade and Maria Regina da Silva. On the occasion, in a speech authorized by the judge, these two women who lost loved-ones to the criminal tragedy had the chance to appeal for justice in the court.
After the trial, in a live broadcast on the networks, attorney Maximiliano Garcez, from Advocacia Garcez, reported that, after Alexandra and Maria Regina spoke, the chief attorney of the Tüv Süd conglomerate, Florian Stork, asked for the floor to address to the victims’ relatives, and ended up expressing regret. “When he expressed feelings for the victims’ pain, he spoke in English using the word ‘regret’, and the Portuguese translator used the word ‘condolences’. I interrupted, and explained to the judge that the word ‘regret’ means regret, guilt, not condolences. So, even though Tüv Süd’s lead attorney insists that they have not taken responsibility, he used the word ‘regret’, which has no dubiousness whatsoever, confirming the guilt that Tüv Süd has.”
On February 27, 2023, there will be another hearing and a decision is expected in the process, which may determine the production of new evidence or even the delivery of a decision on the merits. German and Brazilian lawyers will be present at the Munich Regional Court on the scheduled date, and will also continue to work in Germany in search of advances in criminal investigation in that country.
Avabrum seeks for national and international governmental support
Having attended to an audience in Brasília on January 30, The Association of Families of Victims and Affected by the Collapse of the Córrego do Feijão Mine Dam in Brumadinho obtained support from representatives of the government of President Luiz Inácio Lula da Silva to the struggle for reparation and justice for the tragedy in Brumadinho.
Avabrum also filed, at the German Embassy in Brasilia, a letter to the Prime Minister of Germany, Olaf Scholz, asking for the chancellor’s collaboration in the dialogue with Tüv Süd.
In the letter, Avabrum informs that the dam certifier has refused to dialogue with the unions that support the cause of the entity, among them the Industrial Union of Mining, Chemistry and Energy (IGBCE), from Germany.
“We, the families of the victims and those affected by the biggest industrial crime-tragedy in Brazil, demand that Tüv Süd treat us with respect. Tüv Süd, through its fraudulent certification of the collapsed dam in Brazil, is partially responsible for our losses and for the deaths of 272 people, most of whom are from Minas Gerais”, says one of the excerpts from the letter.
In the document, the association also asks the Chancellor to intercede with Tüv Süd so that the German company does not adopt “unnecessary legal maneuvers” and that it chooses to face “misconduct” by the certifier’s employees who would be responsible for issuing certificates of stability.
Most of the communication, publicizing and public relations actions carried out by Avabrum since February 2022 have had the support of the Brumadinho Legacy Project*, a program in memory of 272 victims of the biggest humanitarian tragedy of Brazil, in an attempt to establish a new mindset in society concerning the importance of safety at work policies. Their motto is: Today, you can save lives. Tomorrow, it might be too late.
*Project carried out with resources allocated by the Management Committee for Collective Moral Damage paid as social compensation for the rupture of the dam in Brumadinho on 01/25/2019, which took away 272 lives.
——-
Read below the full version of the document:
Brumadinho (MG) 30 de janeiro de 2023.
Respect for the victims of TÜV SÜD
Dear Chancellor,
We, the victims and families of victims of Brazil’s largest industrial crime tragedy, demand that TÜV SÜD treat us with respect. TÜV SÜD, through its faulty certification of the collapsed dam in Brazil, is partly responsible for our losses and the deaths of 272 people, most of them miners.
During our visit to the German Bundestag with the Member of Parliament Barbara Hendricks and the office of Yasmin Fahimi, we were able to present our concerns to the politicians.
Through the IG BCE and its president Michael Vassiliadis we are supported in enforcing our rights at the Munich I Regional Court.
TÜV SÜD meets us in a colonial way without understanding and respect. With extremely expensive and many lawyers, it does not shy away from any tricks in court. They refuse to talk to our trade unions and the IG BCE. TÜV SÜD and its lawyers are blatantly perpetuating our suffering.
TÜV SÜD acts as if the certification it has granted is meaningless. He denies the death of our relatives, our suffering and our relationship to our lost loved ones. We are supposed to prove everything. He hopes that we will run out of money and that a German court will not rule against a respected German corporation.
Dear Chancellor, ask TÜV SÜD to start talking to us, the victims, supported by IG BCE and our Brazilian trade unions. Ask a representative of the German government or Ms. Fahimi and/or Ms. Hendrik to organize the talks.
Dear Chancellor, demand that TÜV SÜD refrain from unnecessary legal shenanigans in protecting its interests, but face up to the misconduct of its persons responsible for certification.
Dear Chancellor, every day that TÜV SÜD forces us to continue proving our rights and suffering in court in every little detail prolongs our suffering. All of this has already been determined and established beyond doubt by Brazilian authorities and courts.
Dear Chancellor, help us that TÜV SÜD treats us with respect. Help us to ensure that TÜV SÜD behaves responsibly towards us.
Thank you very much for allowing us to turn to you
Alexandra Andrade Gonçalves Costa, President
Andresa Aparecida Rocha Rodrigues, Vice President
of the Association of Families of Victims and Victims of the Tragedy of the Collapse of the Dam of the Córrego Feijão Brumadinho Mine, AVABRUM (https://avabrum.org.br/)
Compartilhar:
Dia 7 vai ter concerto com Marcus Viana, autor da trilha do Pantanal, e debate com Padre Júlio, Marina Siva e Daniela Arbex
Leia +São Paulo é o líder, com 35% das ocorrências, seguido por Minas Gerais, Rio Grande do Sul, Paraná, Santa Catarina e Rio de Janeiro.
Leia +Ação de comunicação tem sido desenvolvida pelo Legado de Brumadinho, projeto criado pela AVABRUM, associação que reúne as famílias das vítimas, para que a tragédia-crime não caia no esquecimento.
Leia +
