The STF gives judges 48 hours to explain the suspension of the Extraordinary General Assembly of Eletrobras (ELET6) on the establishment of Furnas

Minister Alexandre de Moraes, of the Supreme Federal Court (STF), gave the judges 48 hours to explain the decisions that halted the convening of the Extraordinary General Assembly (AGE) of Elrobras (Elite3;Elite6) to vote on merging Fornas Company into the company’s capital, scheduled for December 29th. Order is this Wednesday, 3rd.

Moraes is the rapporteur of the lawsuit brought by Eletrobras against the injunctions that halted the operation of the AGE. The decisions were issued during judicial service by judges from the Court of Justice of Rio de Janeiro (TJRJ) and the Regional Labor Court of the First District (TRT-1), at the request of the Association of Furnas Employees (ASIF).

The judges understood that the AGE should be suspended due to the action taken by the Attorney General's Office (AGU) questioning the reduction of the union's voting power in Eltroubras. The case is pending in the Supreme Court. Last month, Minister Casio Nunes Márquez sent the process to reconciliation and set a 90-day deadline to try to reach a consensual solution between the two parties.

In its appeal to the Supreme Court, Eletrobras claimed that the lower courts usurped the court's jurisdiction and that the injunctions suspending the operation of the common law went “far beyond what was decided by the country's highest court.”

The lawsuit filed by Eletrobras is a constitutional complaint, a type of appeal intended to secure precedent authority or a decision of the Supreme Court. In this way, decisions tend to be faster and taken unilaterally (by a single minister).

Throughout the month of January, the Supreme Court is on judicial duty. In addition to Moraes, Ministers Luis Roberto Barroso (President of the Court), Edson Fachin, Gilmar Mendes and André Mendonça also continue to make decisions in urgent cases or in other cases that are distributed to them during this period.