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RIO DE JANEIRO, RJ, AND BRASILIA, DF (FOLHAPRESS) – Eletrobras has proposed to its shareholders to postpone the deadline to get out of control of the six electricity distributors that the government is trying to privatize.
The auction of the companies is already scheduled for July 26, but the legal and congressional obstacles make it difficult to meet the schedule.
The state had defined 31 July as the deadline to remain a concessionaire operator, whether privatization took place or not.
He now proposes to his shareholders to extend the December 31 deadline. This is the second extension – the first deadline has expired at the end of 2017.
The issue will be discussed at a shareholders' meeting scheduled for July 30, the company said in a statement released on Friday.
The government's badessment is that even if the auction is conducted, it will be necessary to extend the deadline in order to allow time to resolve the bureaucratic and legal obstacles to the transfer to the new owners.
Eletrobras will sell six distributors, operating in Roraima, Rondônia, Amazonas, Acre, Alagoas and Piauí.
The process, however, depends on congressional approval and is challenged by state actions in the STF (Federal Supreme Court).
The companies were transferred to the state company after the privatization process of the sector in the 1990s, and were recurrent losses. The government claims that private initiative can increase the efficiency of operations.
Distributors will be sold for the nominal value of R $ 50 thousand, in addition to the commitment with investment in improving the service rendered. In order to clear the balance of business, Eletrobras has taken on a debt of about 11 billion reais.
On Friday, STF Minister Ricardo Lewandowski convened a public hearing to hear expert testimony in the process of transfer of control of public companies, joint-stock companies and their subsidiaries.
On Wednesday (27), he decided, provisionally, to prohibit the executive power from selling state control of state-owned companies without the approval of the legislature and previous auctions. The measure affects the government's intentions to privatize Eletrobras.
The injunction was in the course of a direct action of unconstitutionality filed by Fenaee (National Federation of Staff Associations of the Federal Savings Bank) and Contraf (National Confederation of Financial Sector Workers) ).
Public hearings of the type are provided for in the statutes of the STF to badist the rapporteur for action in clarifying matters of public interest. There is no date yet for the hearing.
The action, of which Lewandowski is the reporter, asks about several pbadages of the state law (13.303 / 2016) that was approved by the government Michel Temer.
Both entities requested the suspension, as a preliminary injunction, of the effectiveness of the entire law.
The Minister accepted the application in part. He has suspended excerpts from the bidding process for the purchase and sale of shares.
Lewandowski understood that there was an urgent need to rule on this specific issue because "government initiatives are reported daily to speed up privatization" as a strategy outlined in the PPI (Partnerships Program). 39; Investment) of the Temer government.
The rapporteur wrote in his preliminary ruling that although the state law does not explicitly mention the waiver of consultation of the legislature, the absence of mention may generate "illegitimate expectations" and a "legal uncertainty".
Lewandowski also stated that the Constitution provides for a specific law, approved by the legislature, to create public enterprises and their subsidiaries.
Temer's badistants considered that the decision of the STF would have a negative effect from the political point of view. The government, however, is confident that it will cancel the injunction and I am already studying the appeal through the AGU (General Advocacy of the Union).
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