Brazil's Superior Court cuts moral damages for Vale in Brumadinho dam disaster

The Superior Tribunal de Justiça (STJ) ruled that moral‑damage compensation for the families of a one‑year‑old child killed in the 2019 Brumadinho (Mina Córrego do Feijão) dam collapse must consider not only the degree of kinship but also actual cohabitation and emotional or economic dependence. Applying this criteria, the court reduced the total award from R$ 1 million to R$ 350 thousand, setting the amount at R$ 150 thousand for each grandparent and R$ 25 thousand for each uncle.

The decision affirmed the right of grandparents and uncles to compensation, overturning the Minas Gerais state court’s higher figures of R$ 400 thousand per grandparent and R$ 100 thousand per uncle. Earlier, only the child's grandmother had received R$ 375 thousand in the first‑instance ruling. Vale S.A., the dam operator, did not dispute the families' entitlement but argued the amounts were excessive and questioned the start date for interest. Minister Isabel Gallotti, reporting for the STJ, emphasized that while the jurisprudence allows “reflex” moral damages for fatal cases, each claim must be assessed individually based on concrete family ties.