Court identified overpricing of R $ 189.5 million in a contract that provided for investigation of irregularities pointed out by Lava Jato
The (Federal Court of Audit) has identified a series of irregularities in contracts signed among the US law firm, as well as in subcontractations related to the investigation of fraud in the state. This is that of the judgment (PDF – 1 MB).
The investigation covered a 2015 contract in which Eletrobras requested the investigation of any illicit linked to Operation Lava Jato. The TCU identified that the amounts paid by the service were disproportionate to the products delivered and that there were weaknesses in monitoring the contractual execution.
According to the Court, the proceedings adopted “acts of anti -economic management”.
“There was an overpricing of R $ 189.5 million, which materialized overpricing. The audit also highlighted the lack of technical studies and an appropriate basic project, which contributed to the problems identified in the execution of the contract, ”said the process rapporteur, Minister Benjamin Zymler. Read the vote (PDF – 585 KB).
PRIVATIZATION
With Eletrobras, in June 2022, the TCU determined the filing of special accounts, as the company no longer integrates the list of state -owned companies subject to its supervision.
However, the court upheld the jurisdiction to hold managers responsible for acts committed before privatization. Former Eletrobras leaders were fined and disqualified to hold public office for certain periods.
Highlight for the company’s president, Wilson Ferreira Júnior, who received a fine of $ 70,000 and was disqualified to hold positions in public administration for 6 years.
In addition, the TCU recommended that the findings be sent to the (Attorney General of the Union) and the (Securities Commission), which may adopt additional measures.
Otherwise
A Eletrobras argued that hiring the Hogan Lovells office was necessary to maintain its credibility with the financial market and avoid penalties for (Securities Commission, on the acronym in English) and (Department of Justice).
In addition, he stated that legal advice helped minimize litigation risks and improve his governance.
