Contrary to minister, Anac accepts writ of payment in payment – 05/05/2023 – Panel SA
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Contrary to the guidance of the Minister of Ports and Airports, Márcio França (PSB-SP), the National Civil Aviation Agency (Anac) accepted BRL 18 million in precatorios as part of the payment of BRL 125 million in grants from the Novo Norte consortium, which acquired the airports of Belém (PA) and Macapá (AP) last year.
With the decision, the concession contract entered into force this Friday (5).
Precatorios are Union debt securities with final court judgments.
This is the first case in which the agency accepts the use of precatories in the concession of airports, and the first in the infrastructure sector in which the government agrees, without the need for any intervention by the Justice.
Until then, concessionaires had only been able to use it by obtaining court injunctions, such as Rumo in the railway sector.
The concessionaire Aena, which won the block led by Congonhas, in São Paulo, is still waiting for Anac’s decision on the precatories presented.
Although the use of precatório for the payment of grants is guaranteed in the Federal Constitution, in March the AGU (Advocacy-General of the Union) revoked the ordinance that regulated the procedure for the use of these papers —which were suspended.
Anac’s decision shows that there are divergences in the government on the matter.
With Diego Felix
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