On October 17, 2023, during a session of Brazil's Superior Court of Justice (STJ), Minister Antonio Saldanha Palheiros diverged from the majority opinion and voted to exclude former Vale CEO Fabio Schvartsman from the list of defendants related to the Brumadinho dam collapse that occurred in January 2019. The tragedy claimed 270 lives and led to charges of homicide and environmental crimes against several individuals, including Schvartsman, who was at the helm of the company during the disaster. This vote has resulted in a current tally of 2 to 1 in favor of proceeding with the legal action against him.

The judgment was suspended temporarily after Minister Og Fernandes requested additional time to review the case further, with a decision on his vote expected on April 7. This development is notable because it highlights the complexities of assigning legal responsibility in such a catastrophic event. The court's deliberation comes against the backdrop of ongoing scrutiny regarding corporate accountability and safety regulations in the mining sector, which have been under intense examination since the disaster.

Saldanha Palheiros argued that it would be inappropriate to hold Schvartsman accountable for the dam failure as he maintained a high-level position, suggesting that operational oversight would fall upon lower management and technical levels within the organization. This perspective has raised questions regarding the implications of corporate hierarchy on legal accountability and whether top executives like Schvartsman should be shielded from prosecution in catastrophic scenarios like the Brumadinho collapse.