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In compliance with a court order, Telebras delivered to the Federal Court of Amazonas a copy of the full contract signed with the North American company Viasat. By preliminary determination, the contract is suspended until the matter is judged.
Judge Jaiza Maria Pinto Freixe, from the 1st Federal Civil Court of Amazonas, had ordered companies to deposit R$ 5.1 million in court, as a fine for non-compliance with a court order, this Monday (28/5), when it expired. the deadline given to display the document.
The companies had already B2B Lead delivered a copy to the TRF-1 previously, but had hidden information that they considered confidential. In a statement this Monday, Telebras criticized the leak of information about the process, which is being carried out in secrecy, and said it hoped "that commercial data from the contract will not be exposed to the market, which could cause irreparable commercial and economic damage to the state-owned company."
At the center of the dispute is the contract for the full capacity of the Ka Band of the Brazilian Geostationary Defense and Strategic Communications Satellite SGDC-1, belonging to Telebras, to be explored by Viasat, a 100% foreign company, so that it can offer services and equipment that guarantee access to quality broadband internet throughout the national territory.
The launch of SGDC-1 took place on May 4, 2017, and research and investments in the project cost approximately R$3 billion. The equipment has two capabilities: a military one, called Band X (granted to the Ministry of Defense under a 15-year usage contract), and a civil one, Banda Ka, for commercial exploitation.
Contestation by companies
In May, two other companies (Via Direta Telecomunicações por Satélite e Internet and Rede de Rádio e Televisão Tiradentes) filed a lawsuit in state court, contesting the contract. They obtained an injunction determining that Telebras and Viasat “refrain from starting and/or continuing the activities provided for in the strategic contract”.
The Union expressed interest in joining the dispute, and the processing was transferred to the Federal Court. The federal judge of the 1st Court of the Judiciary Section of Amazonas partially ratified the injunction granted by the state court, with the addition of constitutional grounds, and ordered the immediate suspension of the sub judice contract .
Request for suspension
When analyzing a request for suspension of the injunction, the president of the Federal Regional Court 1st Region maintained the effects of this latest decision. As a result, the Union addressed a request for suspension to the STJ, in which, among other allegations, it states that there is a risk of serious damage to administrative order and the public economy.
The Union maintains that the injunction has “deleterious impacts on a series of public policies of the federal government”, especially the Ministry of Science, Technology, Innovations and Communications, namely: Electronic Government – Citizen Assistance Service Education; Internet for all and National Broadband Program.
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