Ultracargo obtains injunction for the use of precatório in grant – 04/17/2023 – Panel SA

Ultracargo Logística obtained an injunction, last week, to suspend collections for the payment of a portion of the grant that it owes to the Union for the exploration of a terminal in the Port of Itaqui (Maranhão), until an administrative decision is issued on the possibility of using its precatory.

The collection of approximately R$ 10 million expired on April 10th. The company claims that it filed a federal court order, but is still awaiting the result.

According to Ultracargo, the ports secretariat was notified in August last year about the company’s interest in using the precatório.

“Ultracargo finds itself in an extremely critical scenario, given that it is subject to numerous penalties resulting from any contractual delay, even the prohibition of contracting with the public administration”, says the Salomão Kaiuca Abrahão Raposo Cotta Advogados law firm in the process.

Ultracargo’s case adds to other impasses in the discussion about the use of precatories in concessions. In the railway sector, Rumo also went to court after presenting its precatorios as a form of payment to ANTT (National Land Transport Agency).

A similar discussion takes place in the airport sector, with the Spanish company Aena, winner of the Congonhas auction, which is also discussing with Anac (National Civil Aviation Agency).

Joana Cunha with Paulo Ricardo Martins It is Diego Felix

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