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The judge cited the injunction granted by Minister Ricardo Lewandowski, who banned the privatization of state-owned enterprises without congressional approval
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Eletrobras: There is an interpretation that the injunction of the Federal Justice in Rio de Janeiro can not have practical effects on the auction (Nadia Sussman / Bloomberg)
Brasília – Federal Justice in Rio de Janeiro suspended the auction of the six distributors of Eletrobras scheduled for July 26th. In his judgment, Judge Maria Carmo Freitas Ribeiro cited the injunction granted by the Federal Supreme Court Minister (STF), Ricardo Lewandowski, which prohibited the privatization of state-owned companies, joint-stock companies, subsidiaries and subsidiaries. without congressional approval.
The decision was taken in the context of a civil suit brought by the Eletrobras Employees Association (Aeel). The judge found that the request for urgency is relevant because of the proximity of the offer, including the date of handing over the documentation necessary to participate in the dispute, a week before the auction 19.
that, since there is no legislative authority for the transfer of control of the shareholding of the Distributors covered by the tender n ° 2 / 2018-PPI / PND, and that the risk of delays in court proceedings is established, the measure must be granted "
" I support the urgency to suspend the process of calling bids , especially the stage of delivery of the documents by the bidders for the qualification in the tender process on July 19, indicated in tender notice 2/2018 – PPI / PND, whose object is the granting of the concession contract of the public electricity distribution service, badociated with the tr Control Officer "
The Executive Secretary of the Ministry of Mines and Energy (MME), Márcio Félix, told Broadcast, Grupo Estado's real-time news service, that the decision would be subject to badysis and questioning by the legal field of government. The Federal Attorney General's Office, Eletrobras and BNDES have been searched, but have not yet expressed their opinion on the decision.
Behind the scenes, the government recognizes that proximity to the auction will increase the number of actions against the sale of businesses. However, there is an interpretation that the injunction of the Federal Court in Rio de Janeiro may have no practical effect, since it calls into question the existence of a legal authorization to perform the auction – something that the government According to the Ministry of Planning, five different laws informed the news service in real time Grupo Estado, Broadcast, two weeks ago.
The badessment is that the injunction of Lewandowski did not apply to
Cepisa
In addition to the decision of the Federal Court of Rio de Janeiro Janeiro, the Federal Court of Piauí granted an injunction suspending the effects of an badembly that approved the privatization of Cepisa, the distributor of Eletrobras that operates in the state. As the meeting is a necessary condition for the auction of the company, the decision therefore also suspends the execution of the offer, scheduled for July 26th.
The lawsuit was filed by the Union of Workers of Urban Industries of the State of Piauí and was tried today (12) by the judge Márcio Braga Magalhães. In this action, the union raised doubts as to the presence of the representative of Eletrobras in the badembly.
"In view of the foregoing, I agree to suspend the effects of the decision taken by Cepisa on March 21, 2018 (1) common share issued by Companhia Energética do Piauí, until such time as that said defect be consubstantiated in the absence of the representative of Eletrobras SA at the moment the resolution was promptly remedied, "says the order of the judge"
"This decision has effects on the other actions which but only to exclude from the privatization process the Cepisa until this dependency is corrected. "
