Judge Kassio Nunes Marques of the Supreme Court of Justice (STF) was appointed this Monday (8) as rapporteur for the direct complaint of unconstitutionality (ADI 7.385) presented by the Attorney General’s Office (AGU), which challenges a point of the law for the privatization of Eletrobras, which limits the participation of the Union and other shareholders to 10% of the voting rights of the company.
The magistrate is already the rapporteur on other ongoing court cases that challenge points or the company’s privatization process.
In previous decisions, Nunes Marques refrained from granting precautionary requests, opting to request information from the parties – the Union Attorney General and the Republic Attorney General – signaling that the case would be taken directly to plenary. without a fixed date.
In this article, the government of President Luiz Inácio Lula da Silva (PT) emphasizes that it is not questioning privatization, but the specific means that, according to the AGU, violate the political rights of the Union in an “unjustified” way.
According to the Government, the arrangement lost representativeness as the Union was no longer able to exercise proportional voting rights on approximately 43% of the Company’s ordinary shares.
The privatization of Eletrobras was approved by the National Congress and approved by then-President Jair Bolsonaro (PL) in 2021. The company owns a third of the country’s installed power generation capacity. The company also owns nearly half of all transmission lines.
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(with Brazil agency)
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