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Rapporteur files lawsuit over Telebras satellite marketing to broaden broadband

Justice Cármen Lúcia, of the Brazilian Federal Supreme Court (STF), denied continuation (filed) of the Action Against Violation of a Constitutional Fudamental Right (ADPF) 450, in which the Labor Democratic Party (PDT) requested the annulment of the Telecomunicações Brasileiras SA (Telebras)'s notice for commercialization of the Geostationary Defense and Strategic Communications Satellite (SGDC) to promote the National Broadband Plan.

The rapporteur explained that, after the publication of Call Notice 2/2017, there were no interested parties, and Telebras signed a direct agreement with the US company Viasat that authorizes it to explore 100% of the Ka band of the Brazilian satellite indefinitely and in all over the national territory. As the PDT did not dispute this agreement, the lawsuit lost its object, as it challenged only the public notice.

Justice Cármen Lúcia also noted that, according to Law 9.882 / 1999, the ADPF will not be admitted when there is any other effective way to remedy the alleged offense to the fundamental precept. In this case, the matter was the object of Suspension of Injunction (SL) 1157, granted by the Supreme Court against a decision of the Federal Court of Amazonas that had suspended the agreement between Telebras and Viasat. On the same subject, the Supreme Court also issues the Writ of Mandamus (MS) 36099, with report by Justice Edson Fachin, who is waiting the judgment on the merits after the rejection of the dismissed the preliminary injunction.

RP / CR // CF - CG/FB/GL

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