The president of the Superior Court of Justice (STJ), Minister Humberto Martins, authorized this Friday (1st), at the request of the National Electric Energy Agency (Aneel), the continuation of the auction of more than 5 thousand km of transmission lines. .
“In the present case, the damage to public order and the public economy is characterized, insofar as the Judiciary, interfering in the administrative field, replaces the Executive Power by interfering in the execution of the public policy designed to carry out the auction of transmission of electric energy, as well as disregarding the presumption of legality of the administrative act, as well as the financial impact on the public coffers if the auction is not carried out as strategically prepared”, he said.
On Thursday (30), the first part of the largest energy transmission auction since 2019 ended with all lots bought by five companies: Taesa, Consórcio Verde, Neoenergia, ISA Cteep and Sterlit.
Altogether, the lots represent 5,425 kilometers of transmission lines and 6,180 megavolt-amperes (MVA) in substations transformation capacity. The winners will be responsible for the construction of the lines, which should take between 42 and 60 months, and subsequent maintenance.
According to the minister, the decision of the Federal Regional Court of the 1st Region (TRF1) that suspended some lots of the event “characterized undue interference by the Judiciary in the construction of public energy policies under the responsibility of the Executive”.
The privatization auction takes place at B3, the manager of the São Paulo stock exchange. The regulatory agency wants to bid for concessions for the construction, operation and maintenance of 13 lots of developments. According to the regulatory agency, investments of R$ 15.3 billion are foreseen, in addition to the generation of 31,7 thousand jobs in this operation.
In the first instance, a writ of mandamus questioned the auction, citing, among other reasons, current contracts that would be pending inspection, as well as the rules defined in the process of granting the new transmission lines. The writ of mandamus alleged wrongdoing in five of the 13 states involved in the process.
The court decision was favorable to Aneel, but the TRF-1 decided to suspend the auction in relation to some lots, until the doubts raised in the writ of mandamus were resolved.
The transmission lines will cover the states of Acre, Amapá, Amazonas, Bahia, Espírito Santo, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Pará, Rondônia, Santa Catarina, São Paulo and Sergipe.
Source: CNN Brasil
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