Judge once again suspends use of DF assets and properties to help BRB
The judge of the Court of Justice of the Federal District and Territories (TJDFT) Rômulo de Araújo Mendes suspended this Thursday the use of movable assets and public properties to help the capital of Banco de Brasília (BRB).
The magistrate’s decision suspended sections of the law sanctioned by the DF government to reinforce the capitalization of BRB, which is facing the biggest crisis in its history amid a R$12 billion loss with “bad assets” purchased from Banco Master.
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The judge’s injunction was granted in response to a request from the Public Ministry of the Federal District (MPDF), which claims that the forecast for the sale of public properties was approved in the Legislative Chamber of the DF without “any analysis of the environmental impact or the socioeconomic dynamics of the regions in which (the assets) are located”.
“It should be noted that the inclusion of public assets from various indirect administration entities, such as those of the Companhia Imobiliária de Brasília (Terracap), Companhia Urbanizadora da Nova Capital (Novacap), Companhia Energética de Brasília (CEB) and Companhia de Saneamento Ambiental (Caesb) has clear potential to affect several essential public services, in accelerated measures”, says this Thursday’s decision.
Now, the DF government is once again prohibited from implementing measures provided for by law, such as those provided for in article 2, which was suspended by the judge. This section gave three possibilities for the DF government to strengthen BRB’s social capital: direct contribution, prior sale of public assets, the financial product of which would be destined for BRB; and other applicable measures, including credit operations of up to R$6.6 billion with the FGC or financial institutions.
Meanwhile, article 4, which was also suspended, provides how the Executive Branch could use the eight public properties sold in the project, such as direct transfer to BRB, prior sale with financial contribution to BRB, creation of a real estate fund or use for guarantees.
This was yet another twist in the legal fight surrounding the use of properties to capitalize the state bank of Brasília. In April, judge Roberval Belinati, from the TJDFT, overturned a decision that prohibited the DF government from carrying out any act in the law approved to help the BRB.
In another decision last month, judge Frederico Maroja de Medeiros, from the DF Environmental Court, had already barred the use of the property in the well-known Serrinha do Paranoá region, of environmental importance and valued at around R$2.3 billion.
