TRF4 authorizes the holding of an auction for the purchase of imported rice

The purchase had been suspended by decision of a federal court in Porto Alegre last night.

06.06.2024 | 08:08 (UTC -3)
Schubert Peter

The president of the Federal Regional Court of the 4th Region suspended the effects of an injunction issued by the court of the 4th Federal Court of Porto Alegre, which prevented an auction for the purchase of polished milled rice, subject of CONAB's Auction Notice 47/2024, scheduled for at 9 am today (6/6). The discussion is part of a larger context, involving Provisional Measure 1.217/2024 and Provisional Measure 1.224/2024. Both are the subject of Direct Unconstitutionality Action 7664 (click here).

The auction foresees the purchase of three hundred million kilos of processed, polished, long fine rice, Type 1, harvest 2023/2024, imported, to comply with Provisional Measure No. 1.217, of May 09, 2024, Provisional Measure No. 1.218, of May 11, 2024 and Provisional Measure No. 1.225, of May 24, 2024, as well as Interministerial Ordinance MDA/MAPA/MF No. 03, of 13/05/2024 and Interministerial Ordinance MDA/MAPA/MF No. 04, of 28/05/2024.

The suspension of the auction had been determined by substitute federal judge Bruno Risch Fagundes de Oliveira, last night (5/6). The Federal Attorney General's Office petitioned the president of the TRF4 on the same day requesting a decision of “security suspension”. It is a legal figure designed to "avoid serious damage to public order, health, safety and economy”. The request was granted and the auction continued.

Among other arguments, judge Fernando Quadros da Silva wrote in his decision:

"What is certain is that public policies are carried out in the collective or general interest, based on administrative planning that privileges not only a specific segment or a specific unit of the Federation, for example, but the entire Brazilian society, appearing harmful to administrative public order. and court order.

What is certain is that public policies are carried out in the collective or general interest, based on administrative planning that privileges not only a specific segment or a specific unit of the Federation, for example, but the entire Brazilian society, appearing harmful to administrative public order. and court order. [...]

Therefore, I have duly demonstrated the serious harm to public-administrative order, in view of the consequences resulting from the suspension of the auction in question.".

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