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The Superior Court of Justice Suspended Again the Activities of the Manguinhos Refinery, Refit, After a Request from the Attorney General of the National Treasury and Joint Operation of ANP and Federal Revenue That Pointed Out Fiscal and Technical Irregularities.
The Manguinhos Refinery, known as Refit, is once again interdicted just two days after resuming its activities due to a decision from the Court of Justice of Rio de Janeiro (TJRJ). The Superior Court of Justice (STJ), through President Herman Benjamin, complied with a request from the Attorney General of the National Treasury (PGFN) and ordered a new suspension of the operations of the company.
The measure reverses the decision of Judge Guaraci Vianna, who had authorized the reopening of the refinery last Monday (27). According to Benjamin, the case involves issues of public interest, such as operational safety and compliance with fiscal obligations, which justifies the immediate reinterdiction.
ANP and Federal Revenue Point Out Serious Irregularities in Joint Operation
The refinery was the target of a joint operation between the National Agency of Petroleum, Natural Gas and Biofuels (ANP) and the Federal Revenue, carried out at the end of September. The action resulted in the interdiction of Refit’s activities after the identification of various technical and fiscal irregularities.
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According to Artur Watt Net, the general director of ANP, there was “no evidence that the refinery was effectively refining fuel.” Inspections revealed indications that the company was importing virtually ready-made products — such as gasoline and diesel fuel — and reselling them as if they were locally refined.
Among the irregularities observed by ANP were:
- Non-compliance with fuel storage regulations intended for three distributors;
- Suspicion of irregular gasoline importation, incorrectly classified as naphtha;
- Use of unauthorized tanks and others that stored products with risk levels higher than permitted;
- Absence of concrete evidence of oil refining, suggesting that the main activity was, in fact, not carried out.
These findings reinforced PGFN’s argument for the closure of the unit, as the regulatory and fiscal risks could compromise the safety and control of the national energy sector.
Rio Government Tried to Keep Refinery Active Citing Economic Impact
Despite the suspicions raised by ANP and Federal Revenue, the government of Rio de Janeiro defended the reopening of the refinery. The justification presented was the financial impact that the closure could cause to state accounts.
According to Renan Miguel Saad, the Attorney General of the State, the shutdown of Refit would jeopardize an agreement that provided for a monthly transfer of R$ 50 million to the state government. The amount is related to the judicial recovery process of the company, which accumulates debts of nearly R$ 10 billion in taxes.
The defense of the refinery also argued that the retention of inputs could compromise the progress of the financial restructuring plan and affect hundreds of direct and indirect jobs.
Previous Court Decision in Rio Foreseen Multidisciplinary Technical Examination
Before the STJ’s decision, Judge Guaraci de Campos Vianna had authorized the total release of Refit’s activities, with the condition that the refinery undergo an urgent technical examination. The goal would be to assess the conditions of operation, industrial safety, and compliance with fiscal and regulatory requirements.
The report was to be delivered within five days, under penalty of a new interruption of operations. However, this decision was eventually reversed by the higher court after an appeal from the Attorney General of the National Treasury.
The ANP, in turn, had partially lifted the operations on Saturday (25), allowing the functioning of areas considered safe. However, following the new determination from the STJ, all activities are once again suspended until the completion of the analyses and any corrections required by the regulatory agencies.
The new decision reinforces the role of the ANP as the agency responsible for ensuring that all operating refineries in the country comply with the technical and environmental standards required by law. The agency has intensified inspection actions to curb irregularities in the fuel market, a sector that moves billions of reais per year and is considered strategic for the national economy.
According to ANP, the interdiction measures are preventive in nature and aim to ensure the integrity of operations, protect consumers, and maintain transparency in the Brazilian energy sector.
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