DF court overturns injunction and maintains energy reserve auction

Aneel approved the results of the dispute on Tuesday (June 9), ignoring the decision of the Ceará Court that had suspended the contest

The Federal Court of the Federal District denied this Wednesday (June 10, 2026) a request for an injunction from Fiec (Federation of Industries of the State of Ceará) and Sindienergia to suspend the results of the LRCap (Capacity Reserve Auction) of 2026, which contracted R$515 billion in power, a value that will be added to consumers’ electricity bills in the coming years.

The decision was made after the collegiate board of Aneel (National Electric Energy Agency) on Tuesday (June 9) the approval of all the results of the contest, which became the target of one in recent months due to the modeling and formation of ceiling prices and the predominance of generation plants from non-renewable sources

By approving government contracts that will favor companies such as Petrobras, Grupo J&F and Eneva, Aneel had contradicted a decision by the Federal Court of Ceará, which the results of the auction in a preliminary decision on Monday (June 8) and sent the process to the Federal District, where the various actions against the auction initiated around the country are being concentrated.

This Wednesday, judge Manoel Pedro Martins de Castro Filho, from the 6th Federal Civil Court of TRF-1 (Federal Regional Court of the 1st Region), overturned the Ceará Court injunction and maintained the validity of the results. Read the decision (PDF – 150 kB).

According to the judge, the questions regarding the auction by the Federal District Court itself in another action that pointed out the same irregularities. The TRF-1 had also already rejected the urgent relief made by the entities questioning the event.

“As highlighted by Aneel, the questions relating to the modeling of the 2026 LRCAPs, the definition of ceiling prices, the volume of contracted power, the competitiveness of the competitions and the alleged tariff impacts have already been the subject of specific examination by this Court”said the magistrate.

Manoel Pedro Martins de Castro Filho also stated that Aneel had already found that the Ceará Court’s injunction did not prevent the approval of the results, since the judgment on the merits would be up to the DF Court and previous court orders related to the progress of the event were fulfilled on other occasions.

When analyzing the results on Tuesday (June 9), the regulator’s board understood that there were no impediments to proceeding with the approval and signing of the contracts, which determine the supply of power from 2026 to 2031.

“The approval and award proposed here do not prevent the continuation of ongoing investigations by the TCU, the MPF or the Judiciary. Any subsequent determinations will be observed by the agency at the appropriate time, without the administrative deliberation taking away the competence of the control bodies or preventing Aneel from providing future information”said the rapporteur on the topic at Aneel, Fernando Mosna.

COMES AND COMES FROM LRCAP

Entities, companies, congressmen and associations in the energy sector in recent months the pressure on the auction in March by the federal government, when 19.5 GW in energy reserves were contracted for times of high demand on the electrical system, such as the late afternoon and early evening periods.

against LRCap in Cade (Administrative Council for Economic Defense), in the MPF (Federal Public Ministry), in the TCU and in the Federal Court. Despite the decisions of the Court and Aneel, the case must continue in the courts with new appeals and questions.