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TCU exposes irregularities and demands explanations from Petrobras
The audit of the court Union accounts (TCU) identified a millionaire overbilling in contracts of the Petrobras. Therefore, investigations into climate shutdowns e suspicious contractual addendums focused on the refinery Cubatao.
Thus, the body requires the correction of values and reimbursement to public coffers. According to a report released by TCU in January 2024, the irregularities had already been detected in previous inspections carried out since 2018.
TCU investigation into Petrobras
TCU points out overbilling of R$12,6 million at Petrobras refinery in Cubatão
O Federal Court of Accounts (TCU) detected a possible overpricing de R $ million 12,6 in payments linked to climate shutdowns in the works of President Bernardes Refinery, located in Cubatao (SP).
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Thus, the audit found flaws in the methodology used by Petrobras to calculate compensation, generating a significant overpricing. The investigation began in 2019, after an anonymous complaint sent to Office of the Comptroller General of the Union (CGU).
A Petrobras and Consortium Thomas-Technip signed the contract in 2011, totalizing R $ 1,16 billion.
Also, in 2013, the state-owned company approved a contractual addendum de R $ million 29 to rent a inflatable cover, with the purpose of reduce the impacts of climate conditions in the works.
However, despite this structure, the downtime payments continued, lifting suspected irregularities. The final report of the TCU, published in December 2023, confirmed that the calculation of compensation did not follow the parameters previously established by the body itself.
Billion-dollar contract and suspicions of overpricing
A Petrobras initially estimated 112 days of shutdown, which would generate a cost of R $ million 30,9.
However, actual strikes totaled 49,7 days, while the amounts paid reached R $ million 31,6, resulting in a 130% increase in daily compensation cost.
Thus, the TCU identified that the methodology used was based on the Price Formation Statement (DFP) da Petrobras, previously model deemed inappropriate by the court.
The overbilling complaint was initially reported by the newspaper FSPOn June 2023.
Before the irregularities, TCU demanded that Petrobras recalculate the values with the correct methodology and promote the reimbursement to public coffers in case of proven overbilling.
Furthermore, the court classified the case as damage to the public treasury, highlighting that the liability does not prescribe. The report of the Federal Public Ministry (MPF), published in February 2024, recommended opening an investigation to investigate those responsible for the contract.
Petrobras' positioning and developments
A Petrobras claimed operational difficulties, including document dispersion e changes in the responsible team, as factors that hindered the compliance with TCU determinations.
Likewise, the Technip Consortium argued that execution of the contract respected the agreed terms and that any retroactive review would violate the principles of legal certainty and contractual autonomy.
With an period of 90 days, Petrobras needs to clarify values and avoid future cases of overbilling.
In this way, the case reinforces the need for more transparency in public contracts, ensuring the correct application of resources and preventing new financial scandals.
