The TCU issued a favorable opinion on the Petrobras refinery sale process, which is being questioned by the Federal Supreme Court (STF)
Even with the continuation of the sale of Petrobras' refineries suffering resistance in the Chamber and in the Federal Senate, the Federal Court of Auditors (TCU) informed yesterday (29/07) that it is favorable to the decision to sell the refining assets of the state-owned company.
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The Chamber of Deputies and the Senate asked the STF, at the beginning of this month, an injunction to prevent the sale by Petrobras of its refineries in Bahia (Rlam) and Paraná (Repar), arguing that the transaction would go against a previous decision by the court itself in 2019.
However, in the judgment released this Wednesday (29) this obligation is not evident in the case of refineries.
“It can be seen that legislative authorization and public bidding are required in the case of alienation of share control of public companies and government-controlled companies. In the case of alienation of subsidiaries and controlled companies, legislative authorization or public bidding is not required, but it is necessary that competitiveness is guaranteed and that the principles of public administration are observed”, says the ruling.
According to TCU's advisory, “this judgment is the final decision of the TCU's Plenary… It was decided to archive the records. There are no future further actions regarding this specific process.”
“We think that the STF will take this opinion into account, since the TCU advises Congress. If the TCU is saying that there is no illegality, how can Congress say that it is?”, informed a source from the state-owned company to the UOL portal.
The Mubadala Investment Company (Mubadala) fund presented the best proposal in the binding phase for the RLAM refinery and, thus, was invited to start negotiations with Petrobras. Repar will be the next state-owned refinery to receive offers.
