Paulo Chung – GC Powerlist
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Brazil 2025

Materials and mining

Paulo Chung

Head of legal, Brazil | BHP

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Brazil 2025

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Paulo Chung

Head of legal, Brazil | BHP

Team size: 10

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

We like it or not, we are permanently in a state of crisis, given the magnitude of the consequences that have arisen from the November 2015 Fundao dam failure, an event that tragically affected several communities and the environment along the Rio Doce basin.

A permanent state of alert and direct communication with key stakeholders can be very helpful to enable fast responses, ensure alignment with the broader business strategy and identify trends earlier, especially while dealing with a complex case such as the Fundao dam failure. Tough conversations are inevitable in this process, therefore approaching them with transparency and honesty are key. Acknowledge the endless legal complexities of the matter, but at the same time seek for solutions that are essentially pragmatic, also proved to be extremely valuable.

And just as importantly, always promote mental health in the team, regardless of the inherent pressures of the context. This speaks with a range of topics, including safety at work, but also ensure that your colleagues and you are healthy wives, fathers, siblings, friends, well, human beings.

What are the major cases or transactions you have been involved in recently?

The US$30 bn Mariana agreement signed in October 2024 with key Brazilian public authorities can be considered the greatest highlight. The magnitude of the deal was shown during the signature ceremony held in late October 2024 which had the presence of senior representatives, including President Lula, justice Barroso, governors from both states, public prosecutors and defenders, and CEOs from BHP, Samarco and Vale, to name a few. Extensive media coverage was also a feature of that day.

Getting there was no easy task, and we will always feel profound sorrow about the tragic event and we will never forget the 19 individuals who lost their lives, the families who lost their loved ones and the communities who were affected.

After years of negotiation, the Mariana agreement brings the desired finality and legal certainty to a number of disputes connected with the dam failure. But more importantly, the agreement secures R$170 bn of compensation and support to the Brazilian people, communities and environment impacted by the event, through additional indemnification and resources to people, R$8 bn to indigenous, quilombola and traditional communities, and investments in the health and sanitation systems.

Since the dam failure, an array of complex legal matters kept coming and being managed: more than 9000 lawsuits, notorious cross border litigation, the first high profile judicial reorganisation under the new Brazilian bankruptcy legislation (already solved), a complex criminal case, tax implications, among others.

The main challenge now is to ensure the optimal implementation of the agreement: remain transforming the 1200 pages of the agreement into benefits to the communities.

How do you prioritise diversity and inclusion within your legal department, and what initiatives have you implemented to foster a more inclusive and equitable work environment?

40% of BHP’s workforce is female represented in one of the most male-dominated sectors in the world. This figure is a world-first for a global listed mining company and should be celebrated. My legal department is proud to contribute to this result with 60% of female representation. We openly incentivise a flexible workplace to promote a more inclusive and equitable work environment supporting our people to achieve the balance they may need at all life stages. We also ensure that we have a representative in the global Legal Inclusion and Diversity Committee, where necessary and interesting discussions take place, and actions are prioritised.

We are under no illusions that there is much work to be done, however it is encouraging to have the support from the organisation in this regard and continuously become a more attractive place to work for more people and expand our access to a deeper and better talent pool, not to mention the obvious benefits of a more inclusive and respectful workplace culture.

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