Gonet asked the STF to reject the local government’s request to release a rule that authorizes the use of public assets to financially reinforce the bank
The Attorney General of the Republic, Paulo Gonet, defended that the STF (Supreme Federal Court) reject a request from the Federal District government. The request is for the law that provided for financial aid to BRB (Banco de Brasília) to come into force again.
This law authorized, for example, that the government could sell, transfer or use public assets (such as real estate) to reinforce the bank’s cash flow.
Gonet stated that the TJDFT’s decision serves the public interest. According to him, suspending the law is more appropriate than allowing the implementation of measures considered harmful to public assets. “Suspension of the law serves the public interest more than allowing the implementation of measures that are harmful to public property”wrote the attorney general.
The action at the TJDFT was presented by the Public Ministry of the Federal District. The body questioned provisions of the law and stated that there were formal and material defects, such as the lack of prior hearing from the population, lack of demonstration of public interest and lack of property valuation reports.
DF REQUEST
SERRINHA DO PARANOÁ
Serrinha do Paranoá is one of the central points of the discussion. The area was cited by the TJDFT as a relevant environmental asset for the Federal District, with a function linked to water protection and aquifer recharge. In practice, the concern is that the law allows the transfer, sale or economic exploitation of a public area of environmental interest to financially reinforce the BRB.
The MPDFT (Public Ministry of the Federal District and Territories) also pointed out a risk to Serrinha do Paranoá. According to the action, the transfer or economic exploitation of environmentally protected areas could cause damage to public property and the environment.
The DF government told the STF that it intends to send a bill to the Legislative Chamber to remove Serrinha do Paranoá from the list of assets covered by the standard.
Even with this promise, the PGR argued that the DF’s request should be rejected. For Gonet, the discussion about risks to public assets, public services and the environment requires an in-depth analysis of the main action in the TJDFT.
According to the attorney general, this examination does not fit into a suspension of an injunction, an instrument used only to assess a serious risk to order, health, safety or the public economy. Therefore, he stated that the DF’s request cannot act as a substitute for an appeal against the local court’s decision.