AGU: Voto da Anatel em favor de plano da Oi não afetaria ação judicial

Por Valor Econômico

BRASÍLIA E RIO – (Atualizada às 14h52) Em parecer assinado nesta terça-feira (19), a Advocacia Geral da União (AGU) não dá garantia de que chegará ao fim o embate jurídico travado com a Oi, caso os representantes da Agência Nacional de Telecomunicações (Anatel) e da própria advocacia manifestarem votos favoráveis ao plano de recuperação da operadora na Assembleia Geral de Credores (AGC).

“Registre-se que a adoção de eventual posicionamento favorável na assembleia em nada prejudica a regular tramitação das ações judiciais e recursos já submetidos ao Poder Judiciário”, indica o parecer.

A própria AGU, representada pela Procuradoria Federal Especializada (PFE) junto à Anatel, tem contestado, em primeira e segunda instâncias da Justiça, a inclusão de multas nas negociações do plano de recuperação judicial da operadora. A PFE representa a União em todos os processos de multas já em fase de execução judicial.

O parecer, assinado pela ministrada da AGU, Grace Mendonça, indica que as multas — vistas como créditos públicos de natureza não tributária — deveriam receber tratamento especial e, por isso, não poderiam compor o conjunto de créditos negociados em recuperação judicial.

Apesar de reforçar as alegações que justificam a decisão da Anatel de votar contra o plano, a AGU ressaltou no documento que a “adoção de eventual posicionamento favorável [da agência sobre o plano] na assembleia em nada prejudica a regular tramitação das ações judiciais e recursos já submetidos ao Poder Judiciário”

O documento informa que o gestor público deverá levar “a conhecimento da assembleia que, para a viabilidade econômica da empresa, seja considerado o pagamento dos débitos tributários inscritos em dívida ativa, sem os quais o plano não poderá ser aprovado”.

A AGU sustenta que a Anatel estaria liberada para votar a favor do plano de recuperação ao reforçar que “o gestor deverá avaliar, com base em imperioso interesse público, a decisão a ser tomada em assembleia, sopesando por critérios técnicos e de vantagem econômica o cenário que leve ao menor prejuízo aos interesses patrimoniais”.

Antes da divulgação do parecer, o presidente da Anatel, Juarez Quadros, disse que o representante do órgão regulador, que participa nesta terça-feira da assembleia seguia com a determinação de votar contra o plano de recuperação da Oi. Até então, a agência não tinha recebido nenhuma nova orientação da AGU que justificasse a mudança de posição.

Quórum

A assessoria de imprensa da Oi informou que, pouco antes das 11h desta terça-feira, a assembleia já tinha quórum suficiente em todas as classes de credores para ser realizada. O critério para o quórum de instalação da reunião é de mais de 50% do valor dos créditos detidos por cada uma das quatro classes: trabalhista, garantia real (BNDES), quirografários (sem garantia real) e microempresas.

A reunião estava prevista para ter início às 11h, mas começou com um “pequeno atraso”, segundo o advogado Arnoldo Wald Filho, do escritório nomeado para ser administrador da recuperação judicial, por conta do processo de cadastro dos credores. O evento teve início às 11h45. A lista de presença foi encerrada, o que impede a entrada de mais credores na reunião.

A assembleia é realizada no Riocentro, na zona oeste do Rio de Janeiro. O centro de convenções está preparado para receber até 4 mil credores. Mas ainda não há informações oficiais sobre o número de participantes no local.

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