Post by account_disabled on Mar 14, 2024 3:18:47 GMT -5
The President of the Federal Supreme Court, Minister Dias Toffoli, suspended this Friday (11/1) the effects of the injunction that had suspended Decree 9,355/2018, a rule that allows the assignment of rights over oil fields.
According to Toffoli, the case constitutes a hypothesis of exceptional granting of the suspension order, due to the risk of extremely serious compromise of the activities of the oil sector in the country. The decision is valid until the Plenary considers the matter, already scheduled for February 27th.
Lula Marques/Agência PT
Toffoli revokes minister Marco B2B Lead Aurélio's decision from December 19th of last year.
The decree was suspended in December, following an injunction by Minister Marco Aurélio, who considered the rule unconstitutional.
“The Constitution establishes that only law, submitted to the National Congress, can regulate the bidding and contracting of works, services, purchases and disposals for mixed-capital companies. Thus, Decree 9,355/2018, which regulated the assignment, by Petrobras, of exploration, development and production rights in oil fields, is unconstitutional”, said Marco Aurélio.
In this Friday's decision, Toffoli explained that there is a risk of harm to public order if Marco Aurélio's injunction is maintained. This is because Petrobras, which has the right of preference, would be prevented from participating in the next round of bidding for the exploration of pre-salt areas, scheduled for next Friday (18/1).
“The state-owned company, mainly affected by the effects of the concessional decision of the precautionary measure, is in the process of financial recovery, with debt corresponding to the value of R$ 291.83 billion, and it is not prudent, at this stage of the process, to maintain the precautionary decision whose effects will further deepen the company’s economic and financial situation”, he argued.
Toffoli also explained that Petrobras' participation in this bid depends on partnerships and that the suspension of the decree inhibits the formation of these, "since economic agents will not be subjected to the negative externalities resulting from the delays typical of more rigid and solemn contracting procedures, markedly out of step with the dynamic and complex reality of the international oil market".