Post by account_disabled on Mar 11, 2024 23:12:11 GMT -5
Six opposition parties joined the Federal Supreme Court (STF) with a direct action of unconstitutionality to request that the law that authorizes the privatization of Eletrobras ( Law 14,182/21 ), already sanctioned by President Jair Bolsonaro, be declared unconstitutional.
Disclosure
Disclosure
The representation is signed by PSB, PT, Psol, PCdoB, Rede Sustentabilidade and PDT. The law allows the federal government to give up controlling interest in the company through the sale of new shares on the Stock Exchange. Currently, the Union owns 61% of the company's shares. The text also changes the pricing policy for generated energy and determines the contracting of thermal plants.
These points were called "jabutis" by deputy Alessandro Molon (PSB-RJ). In Congressional jargon, these are modifications introduced to the original text of a project to alter it, but without having a direct relationship with the objective of the proposal under discussion.
The parties argue that the Portugal Mobile Number List process was initiated through a provisional measure. "Already at its inception, it appears that the provisional measure lacked the requirement of urgency, as it was presented by the Executive under the argument of the lack of forwarding, in the National Congress, of an ordinary bill in almost identical terms, aimed at the privatization of Eletrobras. It is evident, therefore, that the measure represents a fraud on the ordinary legislative process, having violated articles 62, caput , and 59, III, of the Constitution", says the representation.
In the document, the parties say that, in addition, changes were made to the text that were foreign to the original proposal. "When considering the conversion of the provisional measure, the National Congress not only ratified the privatization through the capitalization of Eletrobras, but also approved several amendments that result in substantial changes in Brazilian energy planning, entirely dissociated from the matter forwarded by the Executive Branch. This occurred mainly through several insertions in §1 of article 1, which provided, in the original wording in the MP, only the Eletrobras capitalization regime", they state.
Such modifications, in the parties' view, modify the country's energy matrix, creating market reserves. They cite, as an example, the requirement for mandatory contracting of energy from small hydroelectric plants and natural gas thermoelectric plants, the latter to be installed in the North, Northeast, Center-West and Southeast regions.
Furthermore, the Union was authorized to begin construction of the Tucuruí Line — a transmission line that will connect Roraima to the National Interconnected System — "alongside the administrative processes of environmental licensing and consultation with the affected indigenous population, both of which are already underway."
Another
party that challenged the law authorizing the privatization of Eletrobras was Podemos. The party filed a direct action of unconstitutionality with the STF, alleging a lack of urgency and relevance in issuing the MP, as required by article 62 of the Federal Constitution. Another argument is that the conversion bill sent for presidential sanction contains provisions that have no relationship with the object of the provisional measure.
Podemos also argues that the rule violates the duty to bid, as it provides for the extension of hydroelectric plant concessions as a condition for the privatization of Eletrobras. He also mentions that the law does not establish what regime will be adopted to replace the state-owned company in the relationship with Eletronuclear and Itaipu Binacional, which cannot be privatized, which, in his view, violates the legal reserve for the formation of companies public. With information from the STF press office.