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The President of the Federal Supreme Court, Minister Dias Toffoli, suspended Friday (11/1) the effects of the injunction that had prevented Decree 9.355 / 2018, a law authorizing the badignment of rights to oil fields. According to Toffoli, the case is a case of exceptional concession of the suspension order, because of the risk of very serious degradation of the activities of the oil sector in the country. The decision is valid until the plenary badesses the case, already scheduled for 27 February.
The decree was suspended in December by an order of Minister Marco Aurelio, who found the norm unconstitutional.
"The Constitution establishes that only the law, submitted to the National Congress, may discipline tenders and contracts for works, services, purchases and disposals for enterprises of any kind. Mixed economy: Decree 9.355 / 2018, which regulates Petrobras' transfer of exploration, development and production rights in the oil fields, is unconstitutional, "said Marco Aurélio.
In this Friday 's decision, Toffoli explained that in the case at hand, there was a risk of breach of public order if Marco Aurélio' s injunction was maintained. Indeed, Petrobras, who enjoys a pre-emptive right, would be barred from participating in the next round of bids for exploration of pre-salt areas, scheduled for next Friday (18/1).
affected by the effects of the decision to grant the precautionary measure, is in the process of recovering financially, with a debt of R $ 291.83 billion and it is not prudent to stage of the process of maintaining the precautionary decision, the effects of which will be reinforced
Toffoli also explained that the participation of Petrobras in this offer depends on partnerships and that the suspension of the decree prevents its formation, "because economic agents do not will not submit to the externalities negative consequences of the delays inherent to the more rigid and solemn hiring procedures, in clear break with the dynamic and complex reality "
" It should be emphasized that such partnerships are essential to the sharing of risks inherent to these sophisticated activities, while making possible the necessary contributions to the implementation of the obligatory payment policy. and investments in the areas concerned. to exploit. "
Decree
Edited by the President Michel Temer (MDB), the standard was questioned by the PT in its direct action in unconstitutionality 5.942 The party argued that the decree violated the principles of legality and separation of powers.
The Attorney General's office has ruled in favor of the grant of the injunction because it understands that the badignment of rights to oil fields without bidding affects the constitutional obligation.
In turn, the federal prosecutor's office argued that Decree 9.355 / 2018 only normalized the transfer of rights to oil fields, without changing the rules provided for by other laws
Click here to read the decision.
ADI 5.942
STP 106
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