STF nega recurso da Anatel relacionado a plano da Oi

Por Valor Econômico

O Supremo Tribunal Federal (STF) negou no dia 29 de maio, em decisão do ministro Ricardo Lewandowski, recurso da Agência Nacional de Telecomunicações (Anatel) relacionado à recuperação judicial da Oi. A agência reguladora pretendia reformar uma decisão do Superior Tribunal de Justiça (STJ) que atribuiu ao juiz da recuperação judicial competência para decidir se seus créditos de multas administrativas estão ou não sujeitos à recuperação judicial.

Entre dívidas que já transitaram em julgado e multas que ainda estão na esfera administrativa, a Oi reconhece R$ 14,4 bilhões em débitos com a Anatel. A agência contesta a inclusão desses valores no processo de recuperação judicial da operadora e vem tentando sem sucesso na esfera judicial a exclusão das dívidas.

Em sua decisão, Lewandowski reconhece que “o deferimento da recuperação judicial não suspende a execução fiscal [das dívidas], mas os atos de constrição ou de alienação devem ser submetidos ao juízo universal [da recuperação judicial]”. O processo de recuperação judicial da Oi tramita na 7ª Vara Empresarial do Rio de Janeiro.

Do total de R$ 14,4 bilhões em dívidas, R$ 8,3 bilhões estão na esfera da Advocacia-Geral da União (AGU) por já terem transitado em julgado e serão pagos ao longo de 20 anos. O restante – R$ 6,1 bilhões – terá carência de 20 anos, com pagamento nos cinco anos seguintes. O plano de recuperação judicial da Oi foi aprovado por credores em dezembro. Em comunicado ao mercado divulgado ontem, a Oi informou que o Tribunal de Amsterdã, na Holanda, homologou o plano de recuperação judicial da Oi. No Brasil, o plano foi aprovado por credores em dezembro de 2017.

Em 1º de junho foi a vez dos credores das subsidiárias holandesas Portugal Telecom International Finance (PTIF) e Oi Brasil Holdings Coöperatief (Oi Coop) aprovarem o plano, que dependia ainda da homologação do Tribunal de Amsterdã, de acordo com o código de falências holandês. No comunicado ao mercado, a Oi esclareceu que a decisão ainda está sujeita a um prazo de oito dias para recurso. Após esse prazo, os planos terão efeito e, de acordo com a lei holandesa, a PTIF e a Oi Coop sairão do estado de falência.

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