O Superior Tribunal de Justiça (STJ) vai julgar, no dia 16 de setembro, o recurso do Ministério Público Federal (MPF) pela reversão da decisão que retirou Fábio Schvartsman dos processos criminais sobre o rompimento da barragem da Vale em Brumadinho. Schvartsman presidia a mineradora na época do crime, mas foi retirado do processo após, em março de 2024, ter um habeas corpus aceito no Tribunal Regional Federal da 6ª Região (TRF-6).
O pedido da defesa alega que não há elementos que indiquem a responsabilidade do ex-presidente, tornando “injustificável” a continuidade da ação penal. Na época da decisão e ainda hoje, os familiares das vítimas fatais e atingidos protestaram contra a decisão, que causou indignação.
“Se os responsáveis por esse crime não forem punidos, nós podemos abrir mão de qualquer justiça. Não foi qualquer crime. As vítimas foram esmagadas, foram mineradas”, enfatizou, na ocasião, Maria Regina Silva, mãe de Priscila Ellen Silva, uma das vítimas fatais do rompimento, e membro do conselho fiscal da Associação dos Familiares de Vítimas e Atingidos do rompimento da Barragem Mina Córrego Feijão Brumadinho (Avabrum).
“As vítimas merecem e o Brasil precisa de justiça”, publicou a Avabrum, nas redes sociais, na época.
O ex-presidente comandou a empresa entre maio de 2017 e fevereiro de 2019, quando a tragédia-crime resultou na morte de 272 pessoas, dois ainda nascituros, e despejou 13 milhões de metros cúbicos de lama na bacia do rio Paraopeba. Em 2020, Svartman tornou-se réu, junto a outras 15 pessoas físicas e às empresas Vale S.A. e Tüv Süd (responsável por atestar a segurança da barragem). A acusação é de crimes de homicídio doloso duplamente qualificado, por 270 vezes, e diversos crimes ambientais.
Em 2023, o caso passou para a esfera federal e o MPF ratificou as acusações contra todos os envolvidos. Ainda assim, um ano depois, o TRF6 acatou o habeas corpus da defesa. A decisão foi contestada pelos procuradores, uma vez que, para eles, os desembargadores ultrapassaram os limites do habeas corpus, avaliando provas que só deveriam ser analisadas em fase posterior. O processo ainda está em fase de citação.
A Procuradoria-Geral da República se manifestou favorável a que o recurso especial seja julgado procedente, de modo que Fábio Schvartsman volte a responder pelos crimes. Agora, o recurso para retomar a responsabilização do ex-presidente da Vale será julgado pela 6ª Turma, em sessão transmitida ao vivo pelo canal do tribunal no YouTube.
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