Petrobras asked the STF (Federal Supreme Court) for five more days, starting on Friday (24), to respond to the Court’s requests on fuel readjustments carried out by the state-owned company.
Last Friday (17), Minister André Mendonça, ordered the state-owned company to inform, within five days – valid until Friday -, about the criteria adopted for the price policy established in the last 60 months by the oil company. On the same day of the Court’s determination, the state-owned company had announced the readjustment in the value of gasoline by 5.2% and that of diesel by 14.2%.
Mendonça’s decision was taken in the action before the Court and which discusses the regulation of States on the single ICMS (Tax on the Circulation of Goods and Services) for fuels. Last week, the minister determined that the ICMS rates levied on all fuels must be the same throughout the country, as of July 1st.
In response to Mendonça’s determination, the state-owned company claimed a “large volume of data to be analyzed to determine the information and documentation requested”.
Petrobras also explained that by Friday (24) it will send “part of the required documentation that it can collect up to that date, which will cover the years 2017 and 2018, as estimated”.
“Nevertheless, PETROBRAS requests that it be granted an additional period of 05 (five) days to the one already originally set so that it can present the requested information and complete documentation, referring to the entire period, until 07/01/ 2022”, the oil company requested to the Supreme Court.
Determination of Mendonça
In the determination, the minister demanded that Petrobras send the STF a copy of all documentation (reports, minutes, audio or video recordings of deliberations, etc.) that supported its readjustment decisions in this period, for more or less.
The state-owned company will also need to present to the Supreme Court documents that supported its decision on the adoption of the current pricing policy, specifically with regard to the use of the International Parity Price (PPI) — a mechanism that is in the sights of President Jair Bolsonaro (PL), responsible for the appointment of Mendonça to the court.
The minister also demanded that Petrobras inform the STF of the set of measures taken to fulfill the social function of the state-owned company, “in view of the fluctuations in fuel prices that may have occurred in the last 60 months”.
In addition to Petrobras, the ANP (Agência Nacional do Petróleo) was also requested, within five days, to provide information on the procedures and acts adopted regarding the inspection, monitoring and transparency of the fuel price policy in the country, in particular in relation to Petrobras.
As for Cade (Administrative Council for Economic Defense), it has determined that data regarding possible proceedings opened in relation to Petrobras be sent to the court. “Their respective objects and the estimated time for completion, taking into account the principles of efficiency and reasonable duration of the process”, he ordered.
Council will decide the president of Petrobras on Friday
The Petrobras Eligibility Committee reported yesterday that it will assess on Friday (24) whether or not communicator Caio Mário Paes de Andrade can become president of the state-owned company. The decision will be taken at a meeting with members of the company’s Board of Directors and Personnel. The statement came after the company received the necessary dossiers to analyze the legitimacy of his candidacy, which was nominated by the government of President Jair Bolsonaro (PL).
The Ministry of Mines and Energy confirmed Caio’s name earlier this month. The process has been considered slow by the federal government, which is in a hurry to change the company’s command amid a crisis with the state’s top management, caused by the increase in fuel prices.
The change in command of Petrobras was decided at the end of May. Andrade is the current special secretary Debureaucratization, Management and Digital Government, linked to the Ministry of Economy of Paulo Guedes, and responsible for the government platform (gov.br). He is also a member of the boards of directors of Embrapa (Empresa Brasileira de Pesquisa Agropecuária).
This is the third change in the leadership of Petrobras during the government of President Jair Bolsonaro (PL). The company was also chaired by Roberto Castello Branco and General Joaquim Silva e Luna.
*With Weudson Ribeiro and Robson Santos, in collaboration for UOL, in Brasília, and for UOL, in São Paulo; Estadão Content