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TST suspends decision forced BASF and Shell to pay R$ 1.1 billion by contamination of a plant

07/05/2012

This article was translated by an automatic translation system, and was therefore not reviewed by people.



 


Sao Paulo - The president of the Superior Labor Court (TST), Minister João Oreste Dalazen, granted an injunction suspending the court decision that forced the companies BASF and Shell to deposit or guarantee with property value of r$ 1.1 billion on collective moral damages because of environmental contamination in an industrial plant companies in Paulinia (SP) in 2002.

In last Thursday (28), the Labour Court in Paulinia welcomed the request of the Ministry of Labour (MPT) and determined that the companies depositassem in court or guarantee the stipulated amount. "The behaviors that have been adopted by these companies in the course of this scope are made only to disrupt the progress made, to seek to postpone the fulfillment of the obligation to care fully, health workers who worked in the factory Paulínia" , said the decision Judge Maria Ines Correa Cerqueira Cesar Targa, head of the 2nd Labour Court in Paulinia.

The decision also called for the inclusion of 1,142 people - including former employees, dependents and contractors affected by contamination - the list of those considered qualified to receive the cost of your medical expenses for businesses.

The injunction now granted by the TST, although suspend the advance payment for damages to the community, preserves the execution of the judgment as to the obligation of companies to pay for medical treatment of victims of contamination. According to the minister's decision Dalazen, retention of the value of collective moral conviction for corruption, and to withdraw cash flow of companies an amount exceeding r$ 1 billion, "it does not receive the protection of victims", since its destination would be the Support Fund (FAT), "which empties for full utility."

The old industry Paulínia (SP), a producer of pesticides - initially by Shell and later purchased by BASF - was active between 1974 and 2002. It contaminated the soil and groundwater with chemicals such as aldrin, endrin and dieldrin, composed of carcinogens.

In 2010, companies were ordered to pay compensation for moral damages caused to the community, which now account updated to r$ 1.1 billion. The court also ordered payment of medical treatment and compensation of r$ 20,000 per employee per year worked, an amount that must be corrected and with interest and monetary correction.

In a statement, BASF said that following compliance with the provisions of the law and that trust in the judiciary, "reinforcing once again its commitment to position itself with transparency and integrity in all aspects related to this subject."

Shell, also in a statement, said that reinforces the commitment to continue to provide medical assistance to persons duly authorized, within the limits imposed by the court.
"Shell awaiting the final decision and reiterates that the TST has been fulfilling a court order, until all resources are valued by higher courts, making the anticipation of payments related to medical expenses requested by duly authorized persons in the process."



Source: Agency Brazil

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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