Rio Doce River Basin v. Federal Government and State of Minas Gerais (Disaster of Mariana Dam and State Disaster Prevention Plan)

In November 2017, the Rio Doce River Basin, represented by the Pachamama Association, filed a lawsuit against the Federal Government and the state of Minas Gerais as a result of the collapse of the Samarco mining dam in the municipality of Mariana/MG. It seeks to recognize the Rio Doce River Basin as a subject of rights and hold the Federal Government and the State of Minas Gerais responsible for omissions in disaster prevention measures. The disaster contaminated the Rio Doce with 62 million cubic meters of iron ore sludge, causing damage to its ecosystem and its riverside populations. The plaintiff argues that the National Climate Change Policy (PNMC) and the National Civil Protection and Defense Policy (Law 12.608/2012) were not complied with, which actively contributed to the socio-environmental disaster. It claims that the PNMC obliges the state to make economic and social development compatible with the protection of the climate system, and that the National Plan for Adaptation to Climate Change (PNA) pointed out flaws in the implementation of the PNMC, especially with regard to the failure to establish a national register of municipalities with areas susceptible to disasters and to draw up a State Civil Protection and Defense Plan. These would be important instruments for guaranteeing the protection of river basins and preventing future disasters. Thus, the state's failure to fulfill its obligations to prevent disasters under the Law of the Sea, Climate Law and Disaster Law must be remedied. The case seeks that the Rio Doce River Basin be recognized as a subject of rights; that all people be granted broad legal standing to defend the Rio Doce River Basin's right to healthy existence; that the Federal Union and the state of Minas Gerais be ordered to set up a national register of municipalities with areas susceptible to disasters and that a Disaster Prevention Plan be drawn up for Minas Gerais, with the participation of representatives from academic institutions and riverside peoples. In September 2018, a decision was held and the case was dismissed for lack of active legitimacy due to the lack of legal personality of the Rio Doce River Basin. No appeal was presented against the decision, which became final and the case was closed.