05/23/2024 – 22:26
Minister André Mendonça, of the Federal Supreme Court (STF), suggested that part of the fines from the leniency agreements of Operation Lava Jato be used to help with the reconstruction of Rio Grande do Sul after the floods that hit the State.
There are two proposals under discussion. The first revolves around the creation of an aid fund for gauchos, paid for by companies, which would depend on Congressional approval. The second involves the provision of services. In this case, construction companies would need to participate in the bidding.
The suggestions were presented by the STF minister to the companies that entered into leniency and to the federal bodies involved in managing these agreements. In a note, the Supreme Court informed that everyone “committed to continue the negotiations, to try to reach a consensus”.
Earlier, there was a new round of negotiations on renegotiating the agreements. André Mendonça is the rapporteur of an action that discusses leniency. The minister set up a schedule of hearings to encourage conciliation between companies and the Union.
So far, three points have caused the biggest divergences. The first is the payment capacity of companies. The construction companies disagree with the parameters used by the Comptroller General of the Union (CGU) and the Attorney General of the Union (AGU) to certify their accounting status. The second is about payment terms. Contractors seek to pay the debt based on the offset of tax credits and debts. Finally, companies claim that there are duplicate fines.
While negotiations do not progress, agreements are suspended. During this period, companies cannot be punished if they fail to pay the installments.
The companies participating in the negotiations are J&F, Novonor, Camargo Corrêa, UTC, Nova Engevix, Petrobras and Braskem. There have been other attempts at renegotiation, without success. According to the CGU, they still owe R$11.7 billion to the Union.
In February, after the first conciliation hearing, the Federal Public Ministry (MPF) announced the creation of a protocol to conclude leniency agreements in partnership with the CGU and AGU. The objective, according to the MPF, is to establish guidelines for “common interinstitutional action, with uniform rules”.
Mendonça is the rapporteur of an action proposed by PCdoB, PSOL and Solidariedade that questions the pacts signed before the formalization of the Technical Cooperation Agreement (ACT), in 2020, which systematizes rules for the procedure. The captions also point to an “unconstitutional state of affairs” in Lava Jato and allege alleged abusive behavior by the MPF in the negotiations.
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