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Court fails against Braskem petrochemical company due to 2018 earthquakes in Maceió

Hague. Residents of Maceió, the Brazilian city partially devastated by earthquakes triggered by mining activities, celebrated on Tuesday the decision of a Dutch court that held Brazil’s largest petrochemical company responsible for the damage.

Maceió, the capital of the state of Alagoas in northeastern Brazil, was hit by a series of earthquakes in 2018 that forced tens of thousands of people to flee their homes after cracks appeared in streets and buildings.

The earthquakes in this city of one million inhabitants were attributed to the extraction of rock salt by the petrochemical giant Braskem, whose largest shareholder is Novonor, formerly Odebrecht, the protagonist of the great Lava Jato corruption case.

In 2022, the Rotterdam court accepted the hearing of an appeal filed by nine plaintiffs against Braskem, paving the way for thousands of people to seek compensation for the damages they suffered.

Braskem’s European headquarters are in the Dutch city. Judges at the court ruled on Wednesday that the Brazilian company was liable for damages caused by salt extraction operations.

The judges ordered the company “to compensate the plaintiffs for damages to be quantified,” according to Tuesday’s ruling.

“This decision represents an immeasurable achievement for my family and for the residents of the areas directly and indirectly affected,” said Jose Ricardo Batista, one of the plaintiffs.

“I hope the sentence is carried out as soon as possible… I have serious health problems and my wife is depressed, with no prospects for the future,” he added in a statement.

The ruling was “a stark reminder to global corporations that they cannot, with impunity, endanger the lives and livelihoods of local communities,” said Tom Goodhead of law firm Pogust Goodhead.

Braskem had previously said it had offered financial compensation and psychological support to those affected, as well as help to move house.

The company said it had paid out 3.93 billion reais (790 million dollars) in compensation and financial aid to more than 18,000 people.

Braskem’s lawyers argued in court that the case filed in the Netherlands was unnecessary since a settlement had already been reached in Brazil. But the Dutch judges said the plaintiffs would not “obtain an acknowledgement of liability from Braskem” in Brazilian courts.

“This recognition can be obtained by a Dutch court,” they said. “Braskem does not want to acknowledge that it is responsible… it only acknowledges that Braskem has an obligation to compensate for the damages,” they added.

“The satisfaction that derives from an admission of liability is thus denied to the plaintiffs,” the judges concluded.


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– 2024-07-31 06:50:49

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