G1 did a horizon tour of the events of Viracopos since the request for relicitation, which ends a year this Saturday (28), until the handing over of the plan legal redress.
Relation and Waiting for Decree
Airports Brazil has announced the interest of restoring the concession to the government because of the financial difficulties and frustration of the demand for the flow of pbadengers and goods. However, in order for the process to progress, the Decree of Law 13.448 / 2017, which will define the rules for the awarding of concessions in the country's transport, will have to be published, which is not yet the case.
The first deadline given by the government in September 2017 was not respected. At the time, the government said the document would be released in two weeks, which was not the case. Bureaucratic procedures have delayed the progress of the text in the Investment Partnerships Program (PPI), a body attached to the General Secretariat of the Presidency of the Republic.
Since then, the stalemate for the publication has only increased. According to the Ministry of Transport, Ports and Civil Aviation, the text was signed early in the year and sent for approval to the Civil House. In a note sent to G1, on Friday, the briefing indicated that the decree was still under review by the federal government and that there was no provision for the publication.
In addition to not being able to solve the financial crisis of the airport with the delay in the publication of the decree, the dealer could not either negotiate with new investors because of the lack of definition. With the bankruptcy plan, the president of Aeroportos Brasil, Gustavo Müssnich, believes that talks with new companies can go forward.
"If the judicial reorganization plan is approved, the publication of the decree is more important to us, which is no longer the case for new companies." Want to participate in the airport "he explained.
<img clbad =" picture content-media__image "itemprop =" contentUrl "alt =" entry of the International Airport of Viracopos, Campinas ( Photo: Play EPTV) "title =" Entrance of the International Airport of Viracopos, Campinas (Photo: EPTV Play) "data-src =" https://s2.glbimg.com/gEmS-ZVVmuv8u-ug1- NgPjCdtvs = / 0x0: 1700×1065 / 984×0 / smart / filters: strip_icc () / i.s3.
Viracopos still has fines to pay for the delay in the expansion – the new terminal was inaugurated in 2014 without being concluded. and in 2016, the entire operation has been transferred. Initially, the value was 90 million reais, then 60 million reais, and the airport decided to reduce it further. In addition, the dealer still has debts with the National Agency of Civil Aviation (Anac) grants 2017 and 2018, for the concession of the structure.
The fine for delay in the work spawned a process of cancellation of the airport concession, inaugurated by Anac last February. However, after the application for judicial recovery, the execution of terminal debts and the process of confiscation were suspended by the courts.
Request for judicial reorganization
The application for judicial reorganization of Viracopos was filed on May 7, at the 8th Civil Court of Campinas, and is a measure used by companies in economic difficulty to avoid bankruptcy. Infraero owns 49% of Viracopos shares. The remaining 51% is split between UTC Participações (45%), Triunfo Participações (45%) and Egis (10%). The investments made by Infraero correspond to R777.3 million. Triunfo and UTC are investigated by Operation Lava Jato and are in receivership since 2017.
The judicial recovery, accepted by Justice on May 23, was the last option found by the dealer Viracopos. At the end of March, the President of Airports Brazil informed G1 that he had filed an application for a court injunction to compel the government to review the report. With the injunction denied, the structure had to go through the process to avoid bankruptcy.
The rationale for the application was the financial crisis that hit the terminal and the frustration of pbadenger demand and freight. However, Viracopos' request to the government for the return of the concession was pending due to the delay in issuing the decree that regulates Law 13.448, which will define the guidelines for the reporting process of ports and airports in Brazil. Unanswered, the consessionária emphasizes that the only alternative to guarantee the functioning of the terminal was the judicial recovery.
Viracopos' debts are divided into debts with banks – BNDES and four other private institutions – as well as with suppliers, including companies in charge of services directly related to the operation of the company. airport, and variables of 2017 and 2018 that the dealer should stop at the National Agency of Civil Aviation (ANAC) for the concession of the structure.
The proposal for the bankruptcy of the airport aims, in addition to lengthening the duration, to flexibilize the amounts currently frozen in the accounts responsible for financing from banks. If the plan is accepted, the idea of the dealer is to give priority to the payment of suppliers and subsidies so that the operation of Viracopos is not compromised.
"We are now going to present the proposal to the creditors and we are convinced that the plan is advantageous for the concessionaire who manages the airport and for the creditors.It is a judicial remedy different from certain points of view in Brazil precisely because the plan is very high, "said the president of the dealer, Gustavo Müssnich.
The plan tabled on Friday also addresses issues that are not directly related to airport debt, but rather to the loss of revenue over the five-year concession period, one of the reasons for the demand judicial recovery. According to the dealer's president, there are at least three imbalance factors in the contract and the document requests that the judge in charge of the intermediation process with Anac for compensation to occur.
See below the main elements of the Viracopos recovery plan:
Extension of the term of the debts from 15 to 25 years
Give priority to the payment of the suppliers and guarantee the operation of the terminal
Balancing the contract
Evaluating the exact value of the concession debt with Anac after
Evaluating the exact amount of the concession debt with Anac after
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Entrance to the point of embarkation of the Viracopos International Airport (Photo: Luciano Calafiori)
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