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Workshop F
Saturday 20, November, 2004
17:45 - 19:30, No.2 Conference Room

Workshop F
Victims and Support Organizations
Chairs: Kazunori Uekusa and Kyla Sentes

The Brazilian Asbestos Mafia Counter: the Last Battle
Fernanda Giannasi
Brazilian Association of Asbestos Victims (ABREA), Brazil

ABSTRACT

Slide 1 - Introduction

Slide 2 - In reaction to this condemnation, Eternit supported by the Brazilian Asbestos Institute (a local branch of the Canadian Asbestos Institute) started an aggressive (slide 3) an millionaire campaign (priced in US$ 1.3 million dollars)

On the Screen - Slide 2 - ETERNIT IS CONDEMNED FOR 2,500 VICTIMS (AROUND US$ 160 MILLION) INEDIT RULING: AUGUST/2004
  1. lifetime pension depending on the level of damage ranging from Class I - "includes pleural plaques" - (0.5 minimum national salaries) to Class V (4.0 minimum salaries) - 1.0 minimum salary is about US$90/month;
  2. "moral damages" from 50-300 minimum salaries ranging from class I to V depending on the level of damage;
  3. the date to be considered regarding the payments are those when the victim learned about its ill.
  4. medical care the people exposed to asbestos will receive under the judgment.
Screen - Slide 3 - IMMEDIATE REACTION 7/10/2004 - AGRESSIVE MASS MEDIA CAMPAIGN
which the following slogans:

Slides 4, 5 and 6 - "These truth doesn't have 2 sides: asbestos in Brazil generates 200,000 jobs".

Slide 7 - "The truth should be said: both the production and utilization of asbestos in Brazil respect ILO's regulations/Conventions. Chrysotile Asbestos - Respecting the life and contributing to Brazilian development"

Slide 8 - "The truth is only one: Chrysotile asbestos is the cheaper solution to the Brazilian population's habitation"

Chrysotile asbestos from Brazil, differently of the type and ways used in Europe and USA, is one of the most important minerals for the country"

Slide 9 - OUR RESPONSE
11/10/2004 - DENOUNCE TO CONAR

THE BRAZILIAN PROPAGANDA REGULATION COUNCIL AS "MISLEADING PROPAGANDA"

ABREA filed a complain to the Brazilian Propaganda Regulation Council denouncing the campaign as a "misleading propaganda" and inducing to a mistake the consumers.

Slide 10 - The WAR
  • " 25/10/2004 - CONAR HALTS PROPAGANDA IN RADIOS, TVS, NEWSPAPERS, MAGAZINES, OUTOORS
  • " 26/10/2004 - CHRYSOTILE INSTITUTE APPEALS
  • " 27/10/2004 - CONAR MAINTAINS DECISION
  • " 28/10/2004 - CHRYSOTILE INSTITUTE CHALLENGES CONAR AT THE CIVIL COURT AS AN URGENT MATTER
  • " 29/10/2004 - CIVIL COURT DOESN'T ACCEPT THE APPEAL AND KEEPS PROHIBITION
  • " 5/11/2004 - CHRYSOTILE INSTITUTE CHANGES THE SLOGAN TO AN INSTITUTIONAL CAMPAIGN
  • " 10/11/2004 - NEW PROPAGANDA FEATURED IN MAGAZINES, TVS

Slide 11 - "Brazilian Chrysotile Institute Technology and Information to the responsible use of chrysotile asbestos in Brazil"

Slide 12 - The trial and ruling

18/11/2004 - FAX FROM DR. SHIGUERU SUMIDA- ABREA'S LAWYER - ssumida@alinoeroberto.adv.br

DEAR FERNANDA: "WE WON. UNANIMOUS DECISION.THE CHRYSOTILE ASBESTOS INSTITUTE IS DEFINITELY BANNED".
"They came with a bunch of advisors to try to overturn CONAR's decision but NO JUDGE ACCEPTED their points"
"Please, stop now, give us some time, enjoy Tokyo, try to rest and know the wonderful Japanese culture"

Slide 13

THE OTHER WAR: THEIR WAR .........NOT OURS ..........

The ex-allies, now in opposite sides?????…………Saint-Gobain x Eternit???……………. This was published in one of the most important newspapers in the country and says:
"Do as the mass media: say no to asbestos"

SLIDE 14 OTHER ABREA'S ACTIONS
  1. ASBESTOS BANNED ALREADY IN 3 STATES (RIO DE JANEIRO, RIO GRANDE DO SUL AND PERNAMBUCO)
  2. STATES HAD THEIR LAWS OVERTURNED AT THE SUPREME COURT (SAO PAULO AND MATO GROSSO DO SUL) CONSIDERED AS INCONSTITUTIONAL
  3. 15 CITIES PASSED LAWS TO BAN ASBESTOS
  4. MORE THAN 70 BILLS ARE WATING DECISION BY THE CHAMBER OF DEPUTIES
  5. PUBLIC HEARINGS ARE SCHEDULED TO BE HELD IN WHOLE COUNTRY
SLIDE 15 PROPOSALS FOR A GLOBAL ACTION

WE, REPRESENTING THE ASBESTOS VICTIMS, URGE TO THE DOCTORS A MEDICAL CONSENSUS TO
ELIMINATE DEFINITELY THE CONCEPT OF "BENIGNE" OR "EXPOSURE MARKS" TO NON-MALIGNANT ASBESTOS-RELATED DISEASES

SLIDE 16 PROPOSALS FOR A GLOBAL ACTION

WE, REPRESENTING THE ASBESTOS VICTIMS, APPEAL TO ALL THE BAN ASBESTOS ALLIES TO WRITE TO THE BRAZILIAN VARIG AIR FLIGTH

AT varig@varig.com.br (ww.icarobrasil.com.br) protesting against the asbestos propanga in their international inflight magazine pro-asbestos (issue November/December/2004) on flights to countries that already decided to ban asbestos as:

UK, Denmark, Netherlands, Germany, Italy, Spain, Portugal, Japan, France, Chile, Argentina, Uruguay, South Africa