A AGU (Attorney General of the Union) requested, this Tuesday (16), the MME (Ministry of Mines and Energy) suspensão a agreement signed between the Union and the company Âmbar Energia, from the J&F group, related to emergency thermoelectric plants contracted by the company in 2021.
According to the AGU, an agreement was approved on May 21 of this year to resolve the situation of Âmbar projects that won an auction carried out by the government at the height of the water crisis and that, subsequently, are no longer necessary with the improvement of the scenario for energy generation.
Practically none of the plants managed to come into operation within the stipulated deadline, causing the generators receive high fines. They This scenario motivated the government and companies to engage in negotiations to change the agreed terms.
A proposal according to Amber, that was previously studied by the TCU (Federal Audit Court), involves the payment by the company of R$1,1 billion in fines for non-compliance with the contract, but receiving around R$9 billion in revenue from thermoelectric generation – a 50% reduction compared to the original value, which would be earned over twice the term of the original contract.
Em preliminary analysis of the topic, the TCU decided not to approve the proposal presented by the government, as there was no consensus on what would be the best option for the public interest. A The Court, however, released the government to proceed with the agreement, noting that he would subsequently be subject to control.
O suspension request made by AGUthis Tuesday, occurs after CGU (General Consultancy of the Union) having been informed of a representation proposed by the Public Ministry with the MP-TCU in which the institution requests the suspension of the agreement.
In representation, in addition to asking for suspension of the agreement on a precautionary basis until the TCU decides the merits of the issue, the MP-TCU requests the investigation of alleged irregularities in signed contracts with Âmbar Energia.
O lawsuit, according to the author of the measure, deputy attorney general Lucas Rocha Furtado, is based on the suspicion of the existence of “public power movements that would benefit the company Âmbar (…) and may be violating equality with other companies in the sector (…) and causing losses to electricity consumers who, in the end, are the ones who pay the bills”.
For AGU, therefore, the information contained in the representation proposed by the MP-TCU is sufficient to trigger the suspensive condition provided for in the self-composition agreement signed between the Union and Âmbar.
“It is recommended that the Ministry of Mines and Energy be notified, through its Legal Consultancy, so that the company is notified of the suspension of the effectiveness of the agreement, until the TCU completes the analysis of the aforementioned representation or technical instruction ”, highlights the AGU note.
With information from Reuters Agency.
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