The president of the Superior Court of Justice (STJ), Maria Thereza de Assis Moura, decided to keep Concer in charge of the BR-040 concession, between Rio de Janeiro and Juiz de Fora (MG), while the highway is not completed. is rebid.
The end of the highway concession was scheduled for this Wednesday (15), but on Monday (13), the deadline was extended by the Federal Regional Court of the 1st Region (TRF1) until the final judgment of the process in which Concer, current concessionaire, discusses the alleged economic-financial imbalance of the contract – which has no scheduled date to occur.
The Union intended that the TRF1 injunction be revoked, which would imply the resumption of the stretch of highway by the federal government and its placement under the administration of the National Department of Transport Infrastructure (Dnit) until the end of the new bidding process. As an alternative, he asked, at least, that the extension period be reduced.
Minister Maria Thereza denied this, taking into account a document in which Dnit informed the National Land Transport Agency (ANTT) that it did not have immediate conditions to take over the stretch of BR-040, due to lack of resources. In addition, according to her, the extension is not a surprise for the Union, since for at least two years Concer has been using the alleged imbalance in the contract to postulate the continuity of the concession, on the pretext of recovering losses.
The concessionaire, controlled by Triunfo, has been operating this stretch of BR-040 since 1996 and sought in court the economic rebalancing of the contract — citing, among other reasons, losses it would have suffered with the execution of works.
The decision of the STJ determines that the company remains in charge of the operations until the conclusion of the rebidding and the delivery of services to the new concessionaire, or until the final decision in the process that is being processed in the Federal Court, if it occurs before.
In the decision, the minister stated that the extension of the concession contract on a precarious basis and without a defined period could cause damage to the provision of the service itself, which justifies the intervention of the court.
“It is also seen as an indication of injury to the economic order by the continuous extension of the concession contract, generating legal uncertainty and, consequently, possible removal of any investors interested in the bidding procedure, reducing the market’s confidence in the sector’s prospects” , he said.
Source: CNN Brasil
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