The (Supreme Federal Court) will begin this Friday (15) the analysis of the validity of discounts granted by the Union within the scope, which should reduce at least R $ 5.7 billion than would be paid originally.
The tendency is that the rapporteur of the action, the minister, vote for the approval (validation) of renegotiations.
However, the trial should also define other issues, such as which occasions companies can make leniency and whether renegotiations may be extended to other companies that have closed this type of agreement.
The trial was expected to be started at the Supreme Virtual Plenary (system in which the ministers present their votes) on August 8, but was taken from the agenda by Mendonça and rescheduled for this Friday.
The justification is that there were review errors and it was necessary to make adjustments to the vote, which postponed the vote in one week.
It is expected that the session, which starts at 11am this Friday, be closed on the 22nd. However, the minister has already signaled that he can ask for view (more time for analysis) and paralyze the trial.
Internally, the assessment is that the minister considered some technically barely tied sections and would propose a different legal solution.
Afoi completed last year by the Union with UTC, Braskem, OAS, Camargo Corrêa, Andrade Gutierrez, New Participations and Odebrecht.
The amount of R $ 5.7 billion discount to companies appears in a technical note of the TCU (Federal Court of Audit) attached to the process.
A leniency agreement is a kind of award -winning denunciation of a company, in which it points to irregularities that have been committed and agrees to pay a fine in exchange for benefits in court.
According to the CGU (Comptroller General of the Union), to close the renegotiation were considered the possibility of continuation of the economic activities of companies, with preservation of employment in construction.
In addition, the CGU said, renegotiation would provoke “the strengthening of the mechanism of consensuality to overcome conflict in the judiciary.”
Despite the discounts, there were no changes in the irregularities admitted by the companies.
Among other benefits, renegotiation replaces SELIC with the IPCA (National Consumer Price Index) as an index of companies’ debtor balances. It also changes the payment schedule and allows the use of tax loss credits to pay up to 50% of the outstanding balance.
The origin of the most important discounts of this renegotiation came from a device on tax credits included in a law that dealt with student financing, 2022, sanctioned by the then president ().
The rapporteur of the provisional measure that was converted at the time into law Era (-PB), current president of.
As Sheet It showed, the STF discussion can point out whether the discounts granted to Lava Jato contractors will also be valid for other companies under investigation.
A possible beneficiary, if this understanding prevails, is the Wesley brothers and. The company closed with the Federal Prosecutor an agreement that.
The action dealing with Supreme Lencies is an ADPF (action for non -compliance with a fundamental precept, a process that aims to protect the Constitution) presented in 2023 by PSOL, PC do B and Solidarity parties.
In it, the parties asked for the suspension of payment of fines “in all leniency agreements celebrated between the State and companies investigated during Operation Lava Jato” until August 2020.
At the time, a technical cooperation between sectors of the government and the prosecutor was signed, defining guidelines for these negotiations.
Also according to the parties, the punishments applied to the leniency agreements were harmful to companies. The action asked them to be reviewed and that there was an interpretation of the Supreme that would remove “once and for all, the punitivist and unconstitutional hermeneutics of laundry in the agreements.
The negotiation table between the companies and the Union was installed by Mendonça in February 2024, in reaction to the decisions of the minister to suspend OE.
In announcing the opening of the negotiating table, the minister defended the leniency agreements as an instrument to combat corruption and stated that the conciliation would not serve to be done “historical revisionism” of what happened in the Lava Jato.
