Minister Nunes Marques’ decision determines that Congress, PGR and AGU explain the legislation that allowed the privatization of Eletrobras.| Photo: Fernando Frazão/Agência Brasil

Minister Nunes Marques, of the Federal Supreme Court (STF), asked this Wednesday (17) for more information from the Executive and Legislative branches on the action proposed by the government of President Luiz Inácio Lula da Silva (PT) that contests one of the articles of the legislation that allowed the privatization of Eletrobras last year.

The magistrate asks that the authorities involved in the approval of the legislation, such as the National Congress, the Attorney General’s Office (PGR) and the Federal Attorney General’s Office (AGU), explain the article that defined that any shareholder of the company has at most 10% of the voting power in the assemblies. President Lula’s government specifically contests this point, as it owns 42.6% of the shares.

“In view of the relevance of the matter and its impact on the social order and legal security, it is necessary to adopt the abbreviated procedure of art. 12 of Law no. 9.868/1999 and arrange for the manifestation of the authorities involved, aiming at the definitive judgment of the controversy, without prejudice to, at any time, appraising the precautionary request, considering the risk and urgency pointed out in the complaint”, wrote Nunes Marques in the dispatch ( see in full).

Marques determined the adoption of the abbreviated rite of action, an instrument that forwards the case directly to the plenary of the STF and gave a period of 10 days for the information to be sent. The minister also gave five days for the PGR and the AGU to comment on the process.