PT files suit with the STF against privatization of Copel – 07/03/2023 – Panel

The PT’s national directory filed an ADI (Direct Action of Unconstitutionality) at the STF (Federal Supreme Court) against excerpts from the Paraná law that allows Copel (Companhia Paranaense de Energia) to be transformed into a company with dispersed capital and no shareholder controller.

The action was filed at the STF on Friday night (30) and is signed by the national president of the PT, Gleisi Hoffmann. She responds to a request by state deputies from her party in Paraná, who are in opposition to Governor Ratinho Junior (PSD).

To the STF, the PT still makes a request for an injunction so that the effects of the law are suspended until the analysis of the merits of the case. The party’s idea is to prevent the holding of the general meeting of shareholders scheduled by Copel for Monday (10), and in which statutory changes would already be made to the company based on state law.

The law was sanctioned in November last year by the government of Paraná with the approval of the Legislative Assembly, where Ratinho Junior has a broad allied base.

The new legislation authorizes Copel to no longer have a controlling shareholder, a role currently exercised by the State of Paraná, and proposes rules so that no shareholder will exercise votes corresponding to more than 10% of the total. It also provides for the creation of a golden share, a special action that would be owned by the State of Paraná.

In the action, the PT complains that there was a suppression of the parliamentary debate during the approval of the bill and that the privatization of Copel represents “a serious injury caused to property and the public interest”.

It also points to a violation of the federative pact, since BNDES, through BNDESPar, holds 24% of Copel’s share capital. The action points out “interference, on the part of the State of Paraná, in the Union’s property right, by prohibiting a shareholder or group of shareholders from exercising votes in a number greater than 10% of the number of shares into which the voting capital of the Copel”.

All the shares that make up the capital of the BNDES are owned by the Union.

The Panel went to the Chief of Staff of the government of Paraná this Monday (3) and is awaiting a demonstration.

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