The Simplified Indemnity System, which makes it possible to pay indemnity to categories with hard-to-prove damage caused by the collapse of the Fundao dam (MG), was implemented in August 2020 by the Renova Foundation following the decision of the 12th Federal Court in actions filed by Commissions of Affected Parties in the impacted locations.
The Court defined the values by category of damage, documentation, rules, and criteria for indemnity. The System is an online platform called Attorney’s Portal, available on the Renova Foundation website and only to attorneys and public defenders. Therefore, having a legal representative is mandatory in compliance with the Court’s decision.
Some irregularities are being found in the submitted documentation showing evidence of fraud and adulteration.
When the Renova Foundation identifies an irregularity in supporting documents, it notifies the attorney to provide clarifications and send the same original document without erasures or irregularities or another valid document.
The Renova Foundation informs that all irregularities found in the Simplified Indemnity System that show fraud and adulteration evidence will be forwarded for due criminal investigation. The application will be suspended until the inquest has been finalized.
Recently, the 12th Federal Court accepted Renova’s request to take the appropriate measures against criminal conduct and issued a decision in which it determined that the presented cases are to be forwarded to the Federal Police Superintendence and the Federal Prosecution Service so that they, “within the scope of their respective attributions, investigate the facts reported by Renova, adopting the measures they deem appropriate, including opening a police investigation, if necessary.” Judge Mario de Paula Franco Junior’s decision also recognizes that the harmful potential of such actions affects the entire indemnity program being handled at the Federal Court, generating significant delays throughout the Simplified Indemnity System.
The Renova Foundation emphasizes that it is in constant contact with the plaintiffs’ attorneys to answer any questions regarding their access to the Simplified Indemnity System. Attorneys can also contact the Call Center on 0800 031 2303.
Currently, 18 districts have access to the System. The first payment for the new flow was made in September 2020 and, by the beginning of March, more than 8 thousand agreements had been forwarded for judicial approval. Payments are expected to exceed R$ 700 million in the coming days.