CAPÍTULO 01:

Conciliação e Mediação no Caso do Rompimento da Barragem de Fundão: O Sistema Indenizatório Simplificado NOVEL como Instrumento de Justiça e Sustentabilidade Social

Abstract

This chapter analyzes the role of conciliation and mediation in resolving the conflicts arising from the collapse of the Fundão dam, in Mariana (Minas Gerais, Brazil), which occurred in 2015. The case involved the companies Samarco, BHP Billiton, and Vale, which, despite their good faith and willingness to compensate the affected populations, faced judicial delays and the communities’ limited understanding of alternative dispute resolution mechanisms. To overcome this impasse, the Simplified Compensation System NOVEL was developed and implemented in 2020, during the COVID-19 pandemic, providing a fast, accessible, and transparent reparation channel. The research, based on a qualitative and descriptive approach, included document analysis and literature review of reports from Fundação Renova, court rulings, and specialized legal and social sources. The findings indicate that NOVEL enabled compensation for more than 70,000 people within its first year and over 200,000 beneficiaries later, while strengthening community trust and improving administrative and judicial efficiency for the companies involved. It concludes that conciliation and mediation, when supported by technology and good faith, constitute effective instruments of social justice, institutional sustainability, and trust rebuilding among corporations, the State, and civil society.