Bruno Calfat Advogados represented a sanitation services concessionaire in an appeal decided by the Court of Accounts of the State of Rio de Janeiro (TCE-RJ).
In its ruling, the Plenary of the TCE-RJ upheld the concessionaire’s arguments and revoked the injunction that had suspended the effects of an agreement entered into by the Regulatory Agency for Energy and Basic Sanitation of the State of Rio de Janeiro (AGENERSA), the Granting Authority, the State Water and Sewerage Company (CEDAE), and the private entity.
On that occasion, the court also recognized the regularity of the proceedings conducted by AGENERSA that led to the execution of the agreement, as well as the absence of the requirements necessary to maintain the previously granted injunction, particularly considering the risk of reverse harm.
In addition to restoring the effects of the agreement, the decision strengthens the New Legal Framework for Basic Sanitation (Law No. 14,026/2020) and prevents unnecessary costs from being passed on to users through tariffs, as it ensures the economic and financial rebalancing of the concession agreements.