Oi briga por vaga no conselho da Pharol

Por Valor Econômico

A disputa entre a Oi e seu maior acionista, a Pharol (ex- Portugal Telecom), chegou à Justiça portuguesa. A operadora brasileira entrou no dia 30 de maio com uma medida cautelar que suspende os efeitos de um dos itens votados na assembleia geral anual de acionistas, realizada em 25 de maio pela companhia portuguesa. Na reunião, a Oi – dona de 10% do capital da Pharol – foi impedida de eleger um representante no conselho de administração da empresa europeia, conforme apurou o Valor.

A medida cautelar ainda não foi julgada mas, a partir da citação da Pharol, ocorrida na última quinta-feira, foram suspensos os efeitos da votação do item seis da pauta da assembleia, esclareceu uma fonte que acompanha os desdobramentos do processo. O ponto tratava da eleição dos membros da comissão de vencimentos e dos órgãos sociais da companhia, incluindo o conselho de administração, para o triênio 2018-2020. Oi e Pharol têm participações cruzadas uma no capital da outra.

Enquanto a antiga Portugal Telecom é dona de 22,24% do capital social da Oi, a companhia brasileira – por meio da empresa Telemar Norte Leste – é a segunda maior acionista da Pharol. Pela legislação portuguesa, a Oi teria direito a eleger um representante no conselho da Pharol devido ao tamanho de sua participação acionária. Na pauta da assembleia da Pharol, constavam – entre outros itens – deliberações sobre o balanço e o relatório de gestão de 2017; a aplicação de resultados da companhia; e a aquisição e a alienação de ações próprias.

De acordo com a fonte, no momento da votação do item seis foi apresentado um questionamento se a Oi poderia votar já que há um conflito entre a Pharol e a companhia brasileira – os portugueses contestam aspectos do plano de recuperação judicial aprovado em dezembro por credores da operadora. Segundo a fonte, o presidente da mesa da assembleia, Diogo Lacerda Machado, pediu meia hora para decidir sobre o tema e resolveu que a Oi não poderia votar no item seis da pauta.

A Oi reagiu à proibição entrando posteriormente na Justiça portuguesa com um pedido de medida cautelar para suspensão do item seis até o julgamento do mérito da questão. A Pharol se opõe aos níveis de diluição e às mudanças na governança corporativa da Oi decorrentes da aprovação do plano de recuperação judicial. Procurada pelo Valor, a acionista informou por meio de sua assessoria de imprensa que não comentaria a medida cautelar apresentada pela Oi porque o assunto “nada tem a ver com o plano de recuperação judicial da operadora.”

Atualmente, a Pharol, assim como outros acionistas da Oi, está impedida de exercer seu direito de voto por força de uma decisão do juiz Fernando Viana, da 7ª Vara Empresarial do Rio de Janeiro. Em fevereiro, numa assembleia de acionistas da Oi convocada à revelia da tele, a Pharol votou pela destituição do presidente da operadora, Eurico Teles, e do diretor administrativo e financeiro da empresa, Carlos Augusto Brandão.

Essa e outras deliberações feitas durante a reunião acabaram anuladas em 8 de fevereiro por uma liminar do juiz Ricardo Lafayette Campos.

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