Duel of giants: Petrobras pursues Techint in Brazil

The Federal Court of Appeal in Brazil badessing all the decisions of the "Lava Jato" case has decided that the multinational Techint would be the subject of a lawsuit with 12 other companies for "collective moral damages". Origin of the request? The Brazilian state oil company, Petrobras.

The Federal Regional Court of the Fourth Region thus accepted the proposal of Petrobras, who asked that it be evaluated in Curitiba if it were to receive compensation for the alleged
damage caused to his image by a "cartel" of Brazilian and foreign companies.

Petrobras' complaint will now be badessed in court as well as the civil action for damages resulting from the "illegality" administrative sanction received by the Argentine holding company and other companies. This sanction established that they could not compete in any of the offers of the Brazilian Federal Orbit for five years, although it was suspended after a judicial presentation of the companies.

Petrobras scored against Techint Engenharia and Construções, Odebrecht, Camargo Correa, Andrade Gutierrez, Queiroz Galvao, UTC and seven other companies, as well as Marcelo Odebrecht, his collaborator Márcio Faria and five other defenders, such as Paulo Costa, Pedro Barusco and Filos Renato of Souza Duque.

As Petrobras argued in its complaint, Techint and other companies and executives acted in a coordinated manner to harm it, so that its investment capacity, its credibility and its market value were seriously compromised.

Consulted by
THE NATIONTechint rejected Petrobras' request. They said that "this civil action for compensation for damages is currently suspended." Techint Engenharia e Construção had already dismissed and appealed the action [de inidoneidad administrativa] to the extent that it intends to criminalize collectively unlawful acts, without proving the contractual damage by contract ".

Techint recalled that the judicial counterpoint began with an action by the General Advocacy of Uniao (AGU, the equivalent of the local treasury office) which claimed to compensate the public by a fine for the alleged fraud and pecuniary damage to Petrobras. "The AGU founded its legitimacy by baderting that it was his duty to preserve public property and that he was the principal shareholder and controller of Petrobras. the same federal justice have already denied this legitimacy, "they reminded the holding company.

Problems in Brazil; local relief

The decision of the Federal Regional Court of the fourth region marks another setback for Techint in Brazil, where the Administrative Council for Economic Defense (Cade) is investigating its alleged involvement in a cartel of companies in which the OAS, Carioca Engenharia and Odeberecht have acknowledged their responsibility.

In addition, last March, the Brazilian Court of Audit ratified the sanction of "administrative disengagement" against the holding company and three other companies accused of cartelization to the detriment of the Brazilian state. .

The decision of the plenary meeting of the TCU – similar in office to the General Syndicate (Sigen) – was taken after the lawyers of Techint and Queiroz Galvo declared that the ban on competing for new federal contracts for five years could prove deadly for survival. enterprises.

"Unintentionality is the death sentence and I ask that the presumption of innocence be always preserved," said Techint's lawyer, Rui Camilo, who had asked for "the opening of & dquo; "A dialogue" with the court. "We are not talking about" clemency, "we are talking about consensuality, we are calling for dialogue," he said. But the TCU confirmed the sanction unanimously.

While this was happening in Brazil, Argentinian justice has announced two good news to Techint in recent months. In April, the Federal Chamber of Buenos Aires dismissed the case against Paolo Rocca in the "notebook" case, while two months later the prosecutor Carlos Stornelli dismissed his director, Luis Betnaza, and his former director. Héctor Zabaleta, from his request for an oral trial, contrary to what he did with more than 40 other people dealt with in the case.

In accordance with what was ordered by the Federal Chamber, Stornelli felt that he should further investigate the possible crimes for which Betnaza and Zabaleta are involved in the case, in connection with payments to officials of Kirchner to release Venezuela's departure of some 200 employees. Argentines after the nationalization of Sidor decreed by the Chavismo in 2008.

IN ADDITION