Brazilian Federal Public Prosecutor's Office vs. Private Companies and the State, for damages in Maceió resulting from rock salt extraction.

Location

AL Brazil

Status
In the implementation phase
Case file number
ACP 803836-61 Acción Civil Pública No. 0803836-61.2019.4.05.8000
Start date
August 16, 2019
Date of judgment or latest existing decision
On January 6, 2021, the Federal Court issued a ruling recognizing the signed agreement.
Summary

The Pinheiro/Braskem case became known after an earthquake in March 2018 in Maceió (Alagoas state), which caused cracks, sinkholes, and craters in the neighborhoods of Pinheiro, Mutange, Bebedouro, and Bom Parto. Initially, hypotheses about failures in the sewer system or natural ground movements were considered. But investigations by the Brazilian Geological Survey (SGB/CPRM) concluded that the cause was the extraction of rock salt (sodium chloride) carried out for decades by the petrochemical company Braskem SA, which generated subsidence—the progressive sinking of the ground due to the collapse of underground mines.

The study, conducted by 52 scientists, ruled out natural causes and attributed the phenomenon to the collapse of pressurized mines beneath the urban area, used since the 1970s to extract rock salt near Lagoa Mundaú. The 2018 earthquake was likely the result of the collapse of one of these cavities.

Municipal and national Civil Defense, along with the Federal Public Prosecutor's Office (MPF), conducted inspections and determined the urgent evacuation of thousands of homes. In December 2018, the MPF formally assumed the investigation and in August 2019 filed a Public Civil Action against Braskem SA, Odebrecht, Petrobras, the National Mining Agency (ANM), the Alagoas Environmental Institute (IMA), the Union, the State of Alagoas, and BNDES.

The lawsuit imputed joint environmental responsibility to the companies and the public authorities for the socio-environmental damages and requested urgent measures, the disregard of the legal personality of the companies, and a comprehensive reparation of the damages estimated at at least 20.5 billion reais, in addition to 3.075 billion in additional compensation and compensation for collective moral damage equivalent to 20% of the environmental damage.

In December 2020, the MPF and Braskem signed a court agreement, ratified in January 2021, to settle the civil suit. The agreement required the company to implement three lines of action:

  1. Socio-urban: resettlement of families, preservation of heritage, mobility and social compensation.
  2. Environmental: restoration of the mangrove (47 ha with the Aflora Mangue project ), monitoring of fauna and aquifers.
  3. Geotechnical stabilization: closure and filling of wells under the supervision of the ANM.

As of September 2023, Braskem had disbursed approximately 9.2 billion reais in reparation and compensation measures.

Climate element

The plaintiffs alleged a link between the geological phenomenon and extreme weather events: the initial structural damage was exacerbated by heavy rains in February 2018, shortly before the earthquake. This intense rainfall acted as a trigger or aggravating factor in the subsidence process, increasing water infiltration into soil already weakened by mining. Thus, the extreme rainfall—a climatic element—played a significant role in the manifestation of the damage.

They also addressed the environmental dimension and climate risks: Subsidence affected the water system and ecosystems of Lagoa Mundaú, a mangrove region that performs important local climate functions (such as temperature regulation and carbon sequestration). Environmental remediation measures even included the reforestation of mangrove areas, recognizing the importance of these ecosystems for climate balance and environmental resilience.

Claimants
  • Federal Public Prosecutor's Office
Defendants
  • Braskem SA
  • Odebrecht SA
  • Petroleo Brasileiro SA – Petrobras
  • National Mining Agency – ANM
  • Alagoas Environmental Institute – IMA/AL
  • Federal Union
  • State of Alagoas
  • National Bank for Economic and Social Development - BNDES
Territorial context

The case focuses on the city of Maceió, capital of the state of Alagoas, in the neighborhoods of Pinheiro, Mutange, Bebedouro, and Bom Parto, located on the shores of the Mundaú Lagoon. This area combines historical urban density with a subsoil heavily exploited through rock salt extraction by the company Braskem, an activity that began in the 1970s.

The damage stemmed from the ground's instability due to the collapse of underground mines, exacerbated by heavy rains, forcing the evacuation of more than 55,000 people and creating an unprecedented urban void. Infrastructure, streets, and homes were severely affected, impacting mobility, commerce, and the daily lives of residents.

The territory also includes fragile ecosystems, such as mangroves and aquifers of the Mundaú Lagoon, whose degradation has altered local environmental and climatic functions.

The disaster management involved the intervention of multiple actors: Federal Union, State of Alagoas, Prefeitura de Maceió, ANM, IMA and MPF, coordinating emergency measures, resettlement plans, environmental repair and urban recovery.

In summary, the territorial context of the case is urban and coastal, where underground mining activity in a densely populated area produced serious socio-environmental damage, affecting both the human community and local ecosystems, and radically transforming the urban geography of Maceió.

Rules and principles invoked

International agreements/treaties

  • Paris Agreement and UNFCCC
  • United Nations Conference on Environment and Development

National legislation

  • General Framework Law on the Environment
  • National Environmental Policy
  • CONAMA Resolution No. 01/86

Beginning

  • Principle of prevention

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Instance
Judicial
Actor type
State
Topic
Environmental impact studies
Mining
Defendant type
Private enterprise
State
Interim measures
Denied or rejected
Grounds for claim
Environmental or climate damage
Environmental crimes
Local legislation
National legislation