STF analyses the inclusion of medical cooperatives in the judicial recovery system

The Federal Supreme Court, in its full capacity, began today, Wednesday (21/8), to adjudicate the case in which the Attorney General’s Office questioned part of a provision included in the Bankruptcy Law (Law No. 11101/2005) stipulating the inclusion of medical cooperatives in the judicial recovery system.

At the session, there was only the reading of the report of Minister Alexandre de Moraes and the oral arguments presented by Unimed's lawyer, which is friend of the court (Friend of the Court) in the case. The trial resumes on Thursday (22/8).

Irregularity in treatment

The provision contained in the Bankruptcy Law No. 14112 of 2020 excludes the application of the effects of judicial recovery in cooperatives, except for those in the medical field. The lawsuit was filed by the former Attorney General of the Republic, Augusto Aras. He alleged irregularities in the processing of the legislative project that led to the issuance of the law.

According to Aras, the exception applicable to medical cooperatives (last part of paragraph 13 of Article 6) was not included in the bill approved by the Chamber of Deputies and sent to the Senate. Since it contains a different subject than the text voted on by the deputies, the change should have been treated as an additional amendment so that it could be returned to the Chamber if approved by the Senate.

But Aras insisted that this did not happen, and although the President of the Republic used his veto, the National Congress overturned the veto.

The PGR argued that this circumstance violated the constitutional principle of bicameralism, according to which any amendment to the bill approved by one chamber must necessarily be returned to the other, so that it can only decide on the point once and for all.

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