The National Electricity Collective (CNE) will apply next Monday, the 8th, with a request to the Federal Supreme Court (STF) for admission as a amicus curiae (friend of the court) in the Action of Unconstitutionality (Adin) proposed by the Attorney General’s Office (AGU) against the privatization model of Eletrobras. The expression amicus curiaeaccording to the Supreme Court of Justice (STJ), is used to designate the third party that joins the process with the function of providing subsidies to the judging body.
The CNE will be represented by Advocacia Garcez, which is also at the head of three more actions in the STF, representing the CNE, against the privatization of the company. The operation was carried out in June last year at B3, through the dilution of the shareholding of the Union, which stayed with 43% of the company’s capital.
The CNE’s objective in joining the government’s action is to add new arguments, which will reinforce the need to reverse the current corporate scenario of Eletrobras, inform the lawyers.
“The attempt to change Eletrobras from a public company to a corporation does not allow rushed procedures such as privatization, and the existence of shareholder blocks is concrete proof that the Bolsonaro government’s plan for the state-owned company has failed and continues to fail”, explain lawyers Elisa Alves and Maximiliano Garcez, from Advocacia Garcez.
This Saturday, President Luiz Inácio Lula da Silva returned to the subject during the coronation of King Charles III, in London, United Kingdom. He said he intends to file another lawsuit questioning the privatization of Eletrobras. Yesterday (5), the Advocacy General of the Union (AGU) filed the Adin signed by President Lula at the STF, but to ask for an increase in the voting power of the Union, which has a 43% stake in the holding company and voting power limited to 10 %.
According to the lawyers, the other actions, which have not yet received injunctions – as the president of Eletrobras, Wilson Ferreira Jr., insisted on highlighting yesterday -, question, for example, the obligation of the auction of thermal power plants, which part of the approval of the privatization of the company in Congress, as well as the release of the Transmission Line of the Tucuruí hydroelectric plant, in Pará, without consulting the indigenous peoples of the region.
Another lawsuit, informs lawyer Elisa Alves, questions the sale model, due to the lack of competition in the sale of shares, a basic requirement of the privatization model.
The lawsuit filed yesterday by the AGU is very direct about the current state of Eletrobras, explains Alves.
“Today, falsely (Eletrobras) is under corporation, but definitely not, because there are blocks of shareholders, several shareholders are easily identifiable, so it lost the character of having such a wide range of shareholders that it cannot have an owner”, evaluate. “If shareholders are unable to exercise the proportionality of their votes, then that parity that should exist within a corporation does not exist”, he added.
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