Novo imbróglio no processo de recuperação da Abengoa

Por Valor Econômico

SÃO PAULO – A pedido do China Construction Bank (CCB), a Polícia Civil está investigando eventual irregularidade no processo de recuperação judicial da Abengoa Bioenergia. Com duas usinas sucroalcooleiras no Estado de São Paulo, a empresa tem dívidas de cerca de R$ 1,5 bilhão.

Na última assembleia de credores, em novembro, o banco chinês acusou a sucroalcooleira do crime de favorecimento de credores pelo fato de a Abengoa Bionergia ter oferecido um acordo de confidencialidade que lhe daria acesso a informações sobre o plano de recuperação judicial anterior e à possibilidade de uma transação.

Procurada pelo Valor, a usina controlada pela espanhola Abengoa não quis comentar. Em 7 de novembro, um dia antes da última assembleia de credores, o CCB pediu abertura da investigação. Em petição apresentada pelo escritório Galdino & Coelho, o banco disse que a Abengoa Bioenergia ofereceu, através da consultoria G5 Evercore — mandatada pela para negociar acordos com credores e eventuais compradores — acordo que, segundo o CCB, conferiria “posições privilegiadas a uma parcela dos credores”, o que poderia “favorecer os credores que aceitam negociar sigilosamente e prejudicar os demais credores”.

O CCB cita o artigo da lei de recuperação judicial que prevê pena de dois a cinco anos e multa à empresa que pratica “ato de disposição ou oneração patrimonial ou gerador de obrigação, destinado a favorecer um ou mais credores em prejuízo dos demais”.

Comentando em tese, por não conheceram a acusação do CCB em detalhes, advogados consultados pela reportagem disseram que não é ilegal oferecer acordo de confidencialidade a credores no âmbito de uma recuperação, desde que as informações disponibilizadas no acordo sejam relacionadas a segredos comerciais ou industriais ou de negociações com eventuais compradores.

O inquérito precisará apurar se houve credores que não receberam a proposta do acordo e se isso ocasionou prejuízos a estes nas negociações do plano.

Se a acusação não for confirmada, o CCB pode ser processado por denúncia caluniosa. Uma fonte próxima à Abengoa Bioenergia disse que a empresa teria oferecido o acordo a “todos” os credores, como bancos e fornecedores, e que o CCB teria sido o único a se recusar. Outra fonte, também próxima à usina, sustentou que o acordo buscava preservar informações relacionadas a negociação com possíveis compradores, já que o plano prevê venda de ações e dos ativos da Abengoa Bioenergia. Na lista dos principais bancos credores, o BNDES afirmou ao Valor que “não fez nenhum tipo de acordo com a Abengoa Bioenergia para ter acesso privilegiado ao seu plano de recuperação”.

O Santander disse que “não comenta casos sob judice”. Banco do Brasil e Bradesco também não comentaram. Antes da última assembleia de credores, o CCB já havia criticado o fato de a Abengoa Bioenergia ter apresentado seu plano de recuperação judicial com poucos dias de antecedência.

O banco também acusou a empresa de ter retardado a apresentação de propósito para favorecer credores que teriam aceitado a negociação sigilosa.

A última assembleia foi suspensa e remarcada para 12 de fevereiro. Ainda assim, a juíza responsável, Djalma Moreira Gomes Júnior, decidiu remeter as acusações ao Ministério Público, e, em seguida, a promotora da região, Yara Jerozolimski, solicitou investigação à Polícia Civil. A usina chegou a recorrer para impedir o procedimento, mas, em decisão do último dia 25, o juiz Orlando Gonçalves de Castro Neto negou o pedido.

Na sexta-feira passada, a Abengoa Bioenergia apresentou um novo plano com poucas alterações ante o anterior. CCB e Abengoa também discordam quanto ao crédito correspondente ao banco chinês. O CCB reivindica R$ 45 milhões como crédito concursal (submetido às regras da recuperação) e R$ 43 milhões em dívida extraconcursal, que o banco está pedindo execução na Justiça.

A usina afirma que este crédito também seria concursal. Procuradas, Abengoa, G5 Evercore e CCB não comentaram.

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