The rapporteur for the representation of MPs in the TCU, Minister Benjamin Zemler, gave the government and Ambar three days to present their reasons and also asked for clarifications from the AGU. Traditionally, the deadline is 15 days. The minister shortened the time needed to make a decision before the agreement with Ambar comes into effect on Monday.
In the order, the minister stated that the TCU had not analyzed the merits of the agreement, but would now do so. “The request for an injunction to suspend the enforcement of the signed agreement, after the court’s decision to close it, implies the need for this court to now delve into the merits of the case and to deepen the analysis of the essential points of the agreement,” he wrote.
The Minister asked both parties to clarify:
a) Moral hazards arising from Ambar’s default;
b) Predicting the consequences of legal risks;
c) Reciprocity in the terms of the agreement;
d) The validity period of the new agreement;
e) Payment of general notice and applicable contractual fines.
The AGU was also called upon to provide clarifications. “Finally, it is appropriate that the Attorney General’s Office (AGU), which approved the agreement, formally and materially explain the views presented in the agreement approval process, and express itself, if it so wishes, on the alleged defects that occurred in this representation,” he said.
The Ministry of Minerals and Energy issued the following memorandum:
“The Ministry of Mines and Energy (MME) informs that it will respond within the deadline set by the Court. The Ministry also highlights that the agreement with Ambar was based on the positive statements made by the majority of the Ministers of the Court of Auditors of the Union (TCU) and the Office of the Prosecutor General at the Court.
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