Decisão da 4ª turma da Corte da Cidadania se baseou na lei 11.638/07, que não prevê tal obrigação.

22 de abril de 2026
A 4ª turma do STJ entendeu que juntas comerciais não podem exigir a publicação prévia de balanços e demonstrações financeiras como requisito para o arquivamento de atos societários de sociedades limitadas de grande porte.

O colegiado analisou recurso do MPF contra decisão do TRF da 3ª região, que havia afastado exigência imposta pela Jucesp – Junta Comercial de São Paulo.

No caso, uma empresa buscou garantir o registro de atas de reuniões de sócios sem a necessidade de divulgar previamente suas informações financeiras em Diário Oficial e jornal de grande circulação.

 (Imagem: Freepik)

4ª turma do STJ vedou publicação de registro de balanço como requisito para arquivar atos de limitadas de grande porte.(Imagem: Freepik)

 

Limite da lei

Relator do recurso, ministro Antonio Carlos Ferreira destacou que a lei 11.638/07 determina que sociedades limitadas de grande porte sigam regras das sociedades anônimas apenas quanto à escrituração, elaboração de demonstrações financeiras e auditoria independente.

Segundo o ministro, a ausência de menção à obrigação de publicação não é acidental. Para ele, o legislador optou por não impor essa exigência, e não cabe à administração suprir essa lacuna por interpretação ampliativa.

O relator também ressaltou que a divulgação pública de dados contábeis pode expor informações estratégicas das empresas, o que reforça a necessidade de previsão legal expressa para tal obrigação.

Nesse contexto, afirmou que atos administrativos não podem criar exigências não previstas em lei, sob pena de violação ao princípio da legalidade e à liberdade de iniciativa.

Para o ministro, a imposição feita pela junta comercial representou extrapolação do poder regulamentar.

Com esse entendimento, a 4ª turma manteve a decisão que afastou a exigência de publicação, permitindo o arquivamento dos atos societários sem a comprovação prévia da divulgação dos balanços.

Processo: REsp 2.002.734

Fonte: https://www.migalhas.com.br/quentes/454232/stj-publicar-balanco-nao-e-requisito-para-arquivar-atos-de-limitadas

 

 

 

Serra Verde, in Minaçu (Goiás), is the only one in Brazil with an operating mine — Foto: Divulgação/Serra Verde
Serra Verde, in Minaçu (Goiás), is the only one in Brazil with an operating mine — Photo: Divulgação/Serra Verde

The acquisition of the only rare earth mining company in commercial operation in Brazil by a U.S. firm has raised concerns in the country and underscores Washington’s push to build an independent supply chain for these elements. Rare earth minerals are critical for the energy transition and defense industries, yet global supply remains heavily dependent on China.

USA Rare Earth announced on Monday (20) that it will pay $300 million in cash and issue about 126.8 million shares to acquire Serra Verde, which operates in Minaçu, Goiás. The transaction, valued at $2.8 billion, is expected to close in the third quarter, the U.S. company said. Serra Verde’s current owners—Denham Capital, Energy and Minerals Group, and Vision Blue—will become the largest shareholders in the combined entity, holding a 34% stake

The U.S. company, which has a mineral deposit in Texas but no operating mines, has already secured a commitment of up to $1.6 billion in financial support from the U.S. government.

Washington had already been involved in Serra Verde before the acquisition, having arranged $565 million (R$2.9 billion) in financing for the miner through the U.S. International Development Finance Corporation (DFC).

The deal highlights growing interest in Brazil’s rare earth reserves—the largest outside China—amid what analysts describe as a “silent war” between the U.S. and China for control over strategic supply chains, said Elaine Santos, a researcher at Portugal’s National Laboratory of Energy and Geology (LNEG).

“This is not just a corporate acquisition. It is also a strategic move to secure supply chains. The U.S. has a clear plan and is implementing it to regain control over chains it outsourced in recent decades,” she said.

According to Santos, the transaction could attract capital to other projects by positioning Brazil as an investment destination. “But the country is effectively handing over what may be its only producer of heavy rare earths outside Asia to a U.S. company,” she added.

Combined with financing commitments, planned investments, and agreements signed by other rare earth projects still in pre-operational stages with U.S. and international partners, the deal suggests that international cooperation is advancing independently of formal policies or agreements led by Brazil. “In practice, developments are already moving ahead differently,” she said.

Sources involved in pre-operational projects told Valor that the acquisition could trigger reactions from the Brazilian government and strengthen calls for the creation of Terrabras, a proposed state-owned company focused on the rare earth supply chain. They oppose the proposal, arguing it could worsen Brazil’s attractiveness to investors.

“Committing 100% of production to the U.S. for 15 years without bringing investment is exactly what Lula does not want,” said one source, referring to Serra Verde’s supply agreement with a special-purpose vehicle backed by U.S. government agencies and private investors. The source, however, defended the mining company’s decision. “If no other path was viable, it is a transaction like any other—there is no reason to criticize it.”

For the Critical Minerals Association (AMC), the U.S. strategy to secure supply has been “pragmatic” in overcoming the absence of bilateral agreements. “They are showing that if they cannot achieve it through government-level agreements, they will pursue it through state-backed initiatives, as seen in Goiás and in direct negotiations with companies,” said Marisa César, chair of the association.

(Cibelle Bouças contributed reporting in Belo Horizonte)

*By Michael Esquer — São Paulo

Source: Valor International

https://valorinternational.globo.com/

 

 

 

Messages sent by Paulo Henrique Costa, former president of Banco de Brasília (BRB), indicate he may have acted improperly to benefit Daniel Vorcaro’s Banco Master by allowing capital increases that enabled the purchase of loan portfolios from the bank. The conclusion is part of a lawsuit filed by BRB on February 23 against Banco Master, Vorcaro, João Carlos Mansur, of Reag, and investment funds.

The filing points to signs of fraud, including “corporate restructuring, rapid shifts in shareholdings, and risk of asset dissipation by third parties directly or indirectly involved in Operation Compliance Zero.” It also states that BRB acquired R$26 billion in credit portfolios from Banco Master and Will Bank between July 2024 and October 2025.

The lawsuit alleges “serious irregularities in these transactions,” including approximately R$13 billion in distressed securities originated by Tirreno. It seeks to freeze BRB shares held by defendants linked to Banco Master.

Messages attributed to Costa suggest he personally selected three funds linked to Master and Reag to participate in capital injections into BRB. “It will be split into three vehicles. Please proceed with a new [subscription] of R$250 million,” one message reads.

The exchange refers to BRB’s capital increase carried out in May 2024, when the bank raised R$290 million from private investors connected to funds within the Master/Reag ecosystem, under Costa’s direct oversight.

According to the lawsuit, these actions enabled investors tied to Banco Master or mentioned in investigations to hold approximately 23.5% of BRB’s share capital by the end of 2025.

“Through capital increases carried out irregularly—featuring participation by parties that were not shareholders at the record date and involving triangulated share transactions—particularly to facilitate the acquisition of Banco Master’s credit portfolios, approximately 23.5% of BRB shares were acquired by individuals and entities with direct or indirect ties to the Master/Reag ecosystem,” the filing states.

“The funds in question ultimately have beneficiaries linked to the Master/Reag ecosystem, which justifies freezing these holdings to enable potential compensation to BRB for damages caused by the alleged fraud,” it adds.

The lawsuit further argues that funds linked to Banco Master should not have participated directly in the capital increase because they were not part of BRB’s shareholder base at the relevant record date. “Under the rules governing private capital increases, only shareholders as of May 17, 2024—the record date—were entitled to exercise preemptive rights and participate in subsequent rounds,” the filing states.

Costa was arrested last week during the fourth phase of Operation Compliance Zero. According to the Federal Police, there is evidence that he received bribes to facilitate fraudulent transactions involving Banco Master.

Investigators allege he was to receive six properties valued at R$146 million. These payments were allegedly halted after Vorcaro was improperly informed about confidential investigations involving Banco Master. Even so, authorities traced payments to Costa exceeding R$74 million.

Brazil’s Federal Supreme Court (STF) Second Panel began reviewing on Wednesday a decision by Justice André Mendonça ordering Costa’s arrest. During the same phase of Operation Compliance Zero, lawyer Daniel Monteiro—who acted on behalf of Banco Master—was also detained.

Valor contacted Costa’s legal defense, but no response was provided by the time of publication.

  • By Tiago Angelo, Valor — Brasília
  • Source: Valor International
  • https://valorinternational.globo.com/

 

 

 

Brazilian companies are postponing local bond deals, including financial bills and debentures, as investors grow more risk-averse. Concerns that interest rates will remain high for longer, combined with global inflation pressures linked to the war in Iran and a fresh wave of corporate restructurings, have heightened caution.

As a result, companies have chosen to shelve planned issuances for now due to weak demand, people familiar with the matter said.

At home, rising corporate leverage has become a growing concern. Investors fear that more companies could join the list of distressed borrowers, which has expanded in recent weeks, prompting closer scrutiny across the market.

More recently, delays in the release of financial statements by sanitation company Aegea further dented sentiment. Investors are increasingly stepping back from private credit or waiting for better market conditions before committing new capital.

The risk-off mood has also affected financial bills issuance. RCI Brasil, the local financing arm of Renault Group, postponed a fundraising citing “current market conditions,” while automaker Stellantis delayed closing its own deal. The impact has extended to direct-lending funds, known in Brazil as FIDCs.

According to asset managers and banking executives, part of the capital is being redirected toward safer instruments, such as certificates of deposit issued by large banks and backed by the Credit Guarantee Fund.

Other investors are simply holding cash, waiting for clearer visibility before reallocating funds.

One senior fixed-income banker said spreads in private credit deals had been below what he described as a “natural level,” reflecting strong demand at a time when funds were still deploying earlier inflows.

In recent weeks, however, many transactions have triggered so-called “market flex” clauses, which allow banks to adjust terms such as pricing or maturities in response to significant changes in market conditions. That was the case with deals by mobility infrastructure company Motiva and Minas Gerais power utility Cemig, sources familiar with the transactions said. Cemig ultimately raised R$1.15 billion, roughly half of the initially planned amount.

“Activating this type of clause is not common. It gives banks the right to adjust terms, such as tenor or pricing, in response to extreme events,” said Gustavo Rugani, a partner in capital markets at TozziniFreire.

A banking executive said the use of such clauses reflects the fact that many deals brought to market this month were structured earlier this year, when sentiment was more optimistic and expectations pointed to sharper cuts in the Selic base rate.

Unsold bonds

Given the current backdrop, some companies have opted to wait for improved conditions and withdrawn offerings altogether, another market participant said. “For some, it now makes more sense to rely on bank financing,” the person said.

A further deterrent has been the fact that many recent deals—such as a R$1.56 billion issuance by fuel distributor Vibra—ended up being largely taken onto banks’ balance sheets. In Brazil, underwriters typically provide firm underwriting, meaning they absorb any unsold bonds.

“Banks ended up holding more securities than they wanted and now have less room and appetite, which also helps explain the slowdown in issuance,” another banking executive said.

According to this source, the reopening of dollar-denominated issuance for Brazilian companies has also led larger issuers to consider tapping international markets instead of raising funds locally.

Market mood

Pedro Breviglieri, a credit manager at Reach, said the environment remains highly fluid, making it difficult to determine whether the recent widening in spreads will persist. He noted that an end to the war in Iran could help clarify the outlook.

One issue being closely watched is whether the slowdown in primary issuance could lead to a shortage of assets for fund managers to allocate. “If that happens, we could see a shift toward the secondary market, which would also affect spread dynamics,” he said.

Breviglieri said the current environment differs from 2023, when Brazil’s private credit market was last shaken. At that time, unexpected events such as the accounting scandal at retailer Americanas undermined investor confidence. Now, stress appears more concentrated among companies struggling to deleverage in a high-rate outlook.

Fabio Jacob, head of local debt at Scotiabank, said the situation is far from comparable to 2023 “because there is no concern about systemic risk.” Companies that can afford to wait are likely to delay issuance until conditions improve, he said. “It takes time to unlock the market. Since March, many bonds have remained on banks’ balance sheets, and we need to wait until that inventory is gradually distributed.”

Structural demand

Despite the current challenges, the outlook for Brazil’s private credit market remains broadly positive, according to Luis Sales, head of products at Banco Fator.

“The market remains strong and its structural outlook has not changed,” he said. “What we are seeing is more of a postponement of issuance decisions amid both domestic and external noise. But given leverage levels, companies will still need funding to roll over debt and sustain operations.”

Rugani also noted that refinancing needs should soon bring issuers back to the market. “Companies still need funding and need to refinance more expensive debt,” he said. “Even expectations of a Selic rate at 12% by the end of 2026 were already encouraging liability management, but the need to raise funds remains.”

Thiago Junqueira, a partner at law firm Pinheiro Neto, said the market reflects a period of increased investor scrutiny. He noted that caution persists, as further debt restructuring cases are expected to emerge.

For now, market participants say there is little visibility on when conditions will improve. One executive said any recovery is likely to begin at the company level, with firms strengthening balance sheets and reducing leverage.

The companies mentioned declined to comment.

*By Fernanda Guimarães and Rita Azevedo — São Paulo

Source: Valor International

https://valorinternational.globo.com/

 

 

 

Brazil’s first-quarter earnings season, which will gather pace in the coming weeks, is set to be shaped heavily by local and global macroeconomic forces, as still-high interest rates and slowing consumer demand at home collide with the escalating conflict in the Middle East.

Company fundamentals are once again expected to take a back seat.

Fourth-quarter results had already confirmed analysts’ concerns, showing a real economy squeezed by high borrowing costs. But they also offered a clear picture of how geopolitical tensions, inflation and the reshaping of global supply chains are likely to steer corporate performance in the first quarter and throughout 2026.

“The fourth-quarter earnings season was weaker than expected and weaker than what companies had been showing in 2025,” said Fernando Ferreira, chief strategist at XP. Retail was the negative highlight, hit by slower gross domestic product growth and calendar effects that reduced store traffic in December.

“We already thought it would be a weaker season because of the impact of interest rates on the real economy. And that was, to some extent, what happened,” said Carlos Eduardo Sequeira, head of research at BTG Pactual. “We saw a sharp slowdown in profit, revenue and EBITDA growth during the fourth quarter compared with earlier periods.”

Aline Cardoso, head of equity research and strategy at Santander, said the earnings season showed a wide gap between domestic companies, whose results were hurt by 15% interest rates, and commodity exporters, which performed somewhat better. “It was a season marked by a resilient but slowing economy, and by increasingly cautious corporate messaging,” she said.

Export boost

For the first quarter, the divide between companies exposed to the domestic market and exporters is expected to widen. The main swing factor for earnings forecasts will be oil prices.

The war involving the United States, Israel and Iran has sharply altered expectations, driving up profit estimates for Brazil’s stock market because of the heavy weight of companies such as state-owned oil giant Petrobras.

“The market has been much more focused on macro than on company-specific factors,” XP’s Ferreira said. “The war and the spike in oil prices are proving to be a very strong trigger for earnings revisions. War, oil, inflation and interest rates are having a far greater impact than company-specific fundamentals in the first quarter.”

Although Prio’s management said on an earnings call that the first quarter still partly reflects the release of Venezuelan inventories after the fall of Nicolás Maduro’s government, analysts see the oil producer as the main near-term beneficiary because it is less constrained by hedge positions than rivals Brava and PetroRecôncavo.

In a recent report upgrading Petrobras to buy, Bank of America said higher oil prices should boost the state-controlled company’s results, especially cash generation for shareholders, easing recent concerns that it might need to take on more debt to maintain dividend payments.

Vale and trade tensions in focus

Another investor favorite in the current period of instability is Vale. In its first-quarter operating results, the Brazilian mining company showed resilient iron ore output and strong performance in base metals, which analysts see as important catalysts, together with high metal prices, for its financial results in the period.

The first quarter will also reflect the fallout from the tariff and trade dispute with the United States. The U.S. Supreme Court’s decision in February to strike down Donald Trump’s sweeping tariffs has already lifted sentiment among Brazilian exporters.

Tupy, a Brazilian maker of engine blocks and other auto parts, expects a significant increase in orders from automakers starting in the second half, while gun manufacturer Taurus said the 10% tariff imposed by Trump has already been offset by price increases passed on in the U.S. market.

Under pressure

But companies tied to the local economy, already grappling with a slowdown, now face worsening conditions. The surge in fuel prices is putting pressure on supply chains and threatens to rekindle inflation, limiting the Central Bank’s room to maneuver.

“We now see 250 basis points of cuts in the Selic base rate, with the Central Bank acting more cautiously, and that has a negative impact on companies,” Sequeira said.

With rate cuts likely to be slow and gradual, bringing little immediate relief to financial expenses, companies are moving ahead with their own adjustments. The push for technological innovation to reduce fixed costs has surged, and mentions of artificial intelligence in recent earnings calls have tripled, Santander’s Cardoso said.

Domestic companies and retailers are now recalibrating their expectations for the second quarter, when a boost to consumption from the World Cup and the traditional expansion of income-transfer programs in an election year are expected to provide the support that was missing at the start of the year, analysts said.

*By Felipe Laurence and Adriana Peraita — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Retailer Marisa is one of the companies dealing with financial strain for some time — Foto: Divulgação
Retailer Marisa is one of the companies dealing with financial strain for some time — Photo: Divulgação

The financial troubles facing a group of listed companies have triggered an unprecedented wave of warnings in financial statements, often issued by management itself, pointing to material uncertainty related to the companies’ ability to continue as a going concern. When that happens, the common thread is usually a lack of sufficient short-term funds to cover debt coming due soon.

In the latest earnings season, cancer care provider Oncoclínicas, petrochemical company Braskem, fashion retailer Marisa, supermarket chain GPA, hospital group Kora Saúde and ethanol, sugar and bioenergy producer Raízen all published financial statements carrying that disclaimer. Among them, GPA and Raízen filed for out-of-court debt restructuring this year.

A Valor survey showed that at the end of 2024, those companies had combined positive shareholders’ equity of R$23.6 billion. A year later, the combined equity of the groups carrying going-concern warnings had fallen to negative R$13.7 billion.

Broadly speaking, the picture boiled down to three situations: erosion of equity at Oncoclínicas, Kora, GPA and Marisa; a swing into negative equity at Raízen; or an already negative equity position that deteriorated further at Braskem.

The view is that high interest rates, demand weakened by a tougher environment and company-specific management problems hurt results and are likely to prompt similar warnings from more companies this year.

Pressure from debt, liquidity

Oncoclínicas, which released its management report last week, said in the notes to its financial statements that the uncertainty is tied to R$430.8 million deemed lost after investments in Banco Master, in addition to the “collapse” of Unimed Ferj, which totaled R$861 million. The company also cited a “decline in recurring revenue” following a review of its commercial policy, making it also an operational issue.

Management said the rise in the company’s total leverage ratio was driven mainly by the macroeconomic backdrop in 2025, including higher interest rates and rising defaults.

On the risks to the company’s continuity, Deloitte said Oncoclínicas posted a consolidated net loss of R$3.6 billion in 2025 and had negative working capital of R$2.3 billion in December 2025. In other words, short-term debt exceeded short-term assets by more than R$2 billion. A year earlier, that figure had been positive at R$2.2 billion.

When a company breaches covenants agreed in contracts with creditors, debt can be accelerated, creating a snowball effect because the early maturity swells total gross debt.

At Braskem, KPMG said in the company’s 2025 financial statements that the material uncertainty surrounding its ability to continue as a going concern was based on consolidated negative equity of R$16.5 billion and negative working capital of R$9.7 billion. That means short-term liabilities exceeded short-term assets by almost R$10 billion.

In explaining the rise in this risk, Braskem cited years of weaker-than-expected global demand and excess global supply, which led to a deterioration in the financial condition of both the company and Braskem Idesa, its joint venture with Mexico’s Idesa group formed in 2010.

The company said in its last year’s financial report that it remains in operation, with business activities ongoing and initiatives under way to restructure its finances and rebuild liquidity.

Marisa under going-concern warning

Another company that has been dealing with financial strain for some time, Marisa also disclosed material uncertainty related to its ability to continue as a going concern in its year-end 2025 earnings report. Its auditor, BDO, highlighted the issue in its opinion, although the fashion retailer itself used milder language when addressing the matter.

To illustrate the amounts involved, nearly R$200 million in debt comes due within 12 months from the end of 2025, with another R$138 million maturing between 13 and 24 months. A year earlier, at the end of 2024, the total coming due ws R$123 million.

In Marisa’s 2025 report, BDO cited a R$59.9 million net loss last year, down 81%, and negative working capital of R$360.7 million. A year earlier, the retailer’s annual report had already highlighted the same going-concern issue, and working capital was also negative, though at a smaller R$308 million.

In the notes to its 2025 financial statements, Marisa acknowledged those figures but said it prepared the statements on the assumption that it will be able to meet its obligations. It also said management is implementing measures to restore its financial balance and equity position.

At the same time, the retailer said its cash-flow projections point to the need to maintain financial discipline and carry out operational and financial measures.

Asked for comment, Braskem, GPA, Kora, Oncoclínicas and Raízen declined to comment. Marisa said in a statement that the emphasis mentioned by its auditors does not represent a new development, as it had already been disclosed in previous periods, and reaffirmed that its financial statements adequately reflect the retailer’s equity and financial position, in compliance with Brazilian accounting standards.

*By Adriana Mattos and Fernanda Guimarães — São Paulo

Source: Valor International

https://valorinternational.globo.com/

Brazil’s National Treasury returned to the European bond market with a €5 billion issuance, the largest in its history. Despite market volatility tied to the war in Iran, the transaction drew nearly €16 billion in demand and attracted more than 700 investors.

Banking executives said the deal could pave the way for Brazilian companies to tap the euro-denominated bond market. The strong reception reflects pent-up demand after Brazil stayed away from euro issuance for more than a decade.

“The deal showed investors had been missing Brazil in the euro market,” said Claudio Matos, head of global capital markets for Brazil at BNP Paribas, which coordinated the offering. “It also confirmed that, despite turbulence, there is still appetite for well-structured debt deals.”

Pipeline builds in dollars

Executives in fixed income say conditions are also favorable for dollar issuance, with around eight companies preparing to come to market in the next two weeks. Expected names include Banco do Brasil, Caixa Econômica Federal and C6 Bank, according to sources.

On Wednesday (15), Brazilian meatpacker Minerva raised $600 million in a 10-year bond, marking its return to the dollar market since 2023. Minerva’s deal priced at 7.62%, in line with expectations. The company said proceeds will be used to repay debt and for general corporate purposes.

Another potential issuer is J&F, the holding company of the Batista family. Earlier in the current issuance cycle, JBS, part of the same group, raised $500 million through a reopening of a $2 billion deal completed in late March.

Valor had reported earlier this week that the Treasury initially aimed to raise €1.5 billion after investor meetings. Strong demand allowed the government to increase the size significantly.

Terms and structure

 

The Treasury split the issuance into three tranches with maturities of four, seven and ten years. Pricing tightened by 35 basis points from initial guidance.

The shortest tranche priced at 145 basis points above the mid-swap rate, a benchmark based on European government bonds. The seven- and ten-year notes came at spreads of 210 basis points and 255 basis points, respectively.

The €2 billion bond due in 2030 carries a 4.24% annual coupon. The €1.5 billion 2033 bond offers a 4.87% coupon and a yield of 5.03%, while the €1.5 billion 2036 bond pays a 5.5% coupon with a 5.62% yield.

Selective appetite

Despite the reopening and prospects for further issuance, the market remains cautious. Investors are still selective, with stronger demand focused on higher-quality issuers.

More leveraged companies are likely to face greater scrutiny, especially after recent corporate distress and debt restructurings involving dollar bonds, including cases at Braskem, Raízen and Ambipar. More recently, higher leverage at Aegea has also added to uncertainty.

Investment banks had expected a wave of Brazilian issuance early in the year, as companies sought to get ahead of election-related volatility. Those expectations were disrupted by the conflict in Iran, which began in late February, and earlier concerns about rising leverage among issuers.

Milestone

So far this year, in addition to Brazil’s Treasury and Minerva, issuers such as Bradesco, BTG Pactual, FS Bio, Sabesp, Azul and JBS have tapped international markets. Total issuance reached $18.4 billion, including the Treasury deal converted into dollars. In 2025, Brazilian companies raised $34 billion across more than 40 transactions.

Speaking in Washington during meetings of the International Monetary Fund, Finance Minister Dario Durigan called the Treasury’s issuance “historic.” “I committed to advancing the internationalization of Brazil’s public finances, and today we can announce the strong success of this sovereign bond issuance in Europe,” he said.

Last week, Durigan said the Treasury planned to issue bonds in China and Europe later this year. The agency is also monitoring the dollar market.

“We had a very strong and very significant issuance, with demand several times greater than the amount actually sold,” Treasury Executive Secretary Rogério Ceron said on Wednesday.

The Treasury said in a statement that the issuance supports efforts to extend the maturity of public debt, diversify funding sources and broaden the investor base. About 69% of investors came from Europe, 9% from Asia and roughly 13% from Latin America, including Brazil.

“The strong demand, large size and tight spreads show investor confidence in Brazil’s sovereign debt and mark the country’s return to the European market,” the Treasury said.

The Treasury deal was arranged by BBVA, BNP Paribas, Bank of America and UBS BB. Minerva’s issuance involved Bradesco BBI, J.P. Morgan, Morgan Stanley, Bank of America, BB Securities, BBVA, HSBC, Mizuho, MUFG, Rabo Securities, Santander, SMBC Nikko and XP.

*By Rita Azevedo, Fernanda Guimarães, Giordanna Neves and Gabriel Shinohara — São Paulo and Brasília

Source: Valor International

https://valorinternational.globo.com/

 

 

A federal appellate judge in Brazil has rejected the federal government’s request and upheld a preliminary injunction suspending collection of the oil export tax for five oil companies operating in the country. The decision, issued late Thursday (9), came after the Lula administration appealed the ruling earlier that morning.

Carmen Silva Lima de Arruda, a judge at the 2nd Region Federal Regional Court (TRF-2), said the National Treasury Attorney-General’s Office, which filed the appeal on behalf of the federal government, “failed to demonstrate the risk of concrete, serious and current harm arising from the maintenance of the challenged decision, and there is no evident prejudice in waiting for the final judgment of this interlocutory appeal, when the panel will examine the merits in detail.”

That means the injunction will remain in effect for the oil companies until the merits of the case are reviewed by a TRF-2 panel. The injunction was granted on Tuesday by federal judge Humberto de Vasconcelos Sampaio of the 1st Federal Court in Rio de Janeiro in favor of Equinor, TotalEnergies, Petrogal, Shell and Repsol Sinopec.

Arruda also said the government’s argument that the injunction interferes with the economic policy adopted to soften the effects of the Middle East conflict “does not prove the immediate and irreversible harm that would, by itself, justify suspending the effects of the challenged decision.”

Appeal remains blocked

The federal government temporarily reinstated the export tax at a 12% rate on crude oil in an effort to offset subsidies granted to diesel producers and importers in Brazil. The purpose of the subsidy is to prevent diesel prices from rising domestically, after the Middle East conflict sent Brent crude prices sharply higher.

The government’s appeal challenged the injunction on both procedural and substantive grounds. “The federal government has already appealed, filing an interlocutory appeal with TRF-2, since the reasoning is based on an article of the MP [provisional presidential decree] that does not exist, and that nonexistent article was decisive to the judge’s conclusion,” the National Treasury Attorney-General’s Office said in a statement before Arruda’s decision.

The injunction cited Article 10 of the provisional decree that temporarily created the export tax, but included three paragraphs that do not exist. One of those inserted paragraphs says that the “revenue arising from the collection of the tax referred to in this article will be allocated to meet the federal government’s emergency fiscal needs, as provided for in regulation.”

That passage does not appear in the provisional decree issued by the government and published in the Official Gazette on March 12. Based on that wording, the federal judge granted the injunction, saying the export tax had a revenue-raising purpose, which would not be allowed because it is an extrafiscal tax.

The article cited contains no paragraphs and no reference to “meeting the federal government’s emergency fiscal needs.” It says only that “a 12% tax rate is hereby established on exports of crude petroleum oils or oils from bituminous minerals, classified under Mercosur Common Nomenclature code 2709, levied on the total value of exports.”

Government contests ruling’s basis

In its filing to the court, the National Treasury Attorney-General’s Office argued that the text of the provisional decree “does not provide, either expressly or implicitly, that revenue arising from the export tax will be allocated to meet the federal government’s emergency fiscal needs.”

“A reading of Article 10 of MP 1,340/2026 (the actual one), as well as subsequent Article 11, which also deals with the export tax levied on exports of crude petroleum oils or oils from bituminous minerals, reveals no earmarking of the revenue obtained for any specific purpose,” it added.

In the government’s view, that alone should have been enough to overturn the injunction, but the appellate judge did not accept the argument.

Beyond what it sees as a procedural flaw, the government also argues that the temporary tax is in fact extrafiscal rather than revenue-driven, because it was adopted as part of a broader package to contain the effects of the Middle East conflict. It says the measure is therefore a matter of economic policy and market regulation.

“MP 1,340/2026 did not create a tax with a purely revenue-raising purpose. On the contrary, it is part of a package of complementary and coordinated measures aimed at addressing a severe exogenous price shock in the international energy market, marked by high volatility and a sharp rise in oil prices,” the government said in the appeal, seen by Valor.

The government also argued that the oil companies that went to court are all, without exception, “large companies, and their ability to absorb the higher tax burden must therefore be presumed, especially in a scenario of well-known appreciation in the products they sell, reflected in a considerable increase in profitability.”

“It is neither fair nor reasonable that the plaintiffs’ interest in increasing their gains (yes, because that is what this is about) should prevail over society’s interest in keeping inflation under control and maintaining the full functioning of different sectors of productive activity,” the National Treasury Attorney-General’s Office argued in the appeal.

As Valor previously reported, Roberto Ardenghy, president of the Brazilian Petroleum Institute, or IBP, said the provisional decree is weak and that the group is considering legal action.

Equinor, Shell and the IBP said they would not comment on the government’s appeal.

*By Jéssica Sant’Ana — Brasília

Source: Valor International

https://valorinternational.globo.com/

Brazil’s ocean export freight rates surged in April amid uncertainty over the future of the war involving Iran. Data from Solve Shipping show that prices for container exports from Brazil to the Mediterranean, a route that serves the Middle East, were up 67% in April from March levels.

Other export routes also posted sharp increases. Freight rates to the U.S. East Coast and Northern Europe were up 80% from March, while rates to the Gulf of Mexico jumped 89% in the period, according to the consultancy’s data.

The Brazilian Association of Meat Exporting Industries, or Abiec, said freight for refrigerated containers on the Strait of Hormuz route has more than doubled since the war began, rising to $7,000 from $3,000. The Middle East accounts for 15% of the sector’s exports.

Even so, prices remain below the average levels seen in April last year, when U.S. President Donald Trump announced tariffs on several countries on what became known as “Liberation Day,” triggering a global rush in trade before the measures took effect. On the Brazil-to-Mediterranean-Middle East route, current rates are about 17% below the level seen in the same period of 2025.

Freight rates are therefore not at a peak. Even so, the logistics sector is concerned about the impact if the conflict drags on.

Costs rise across routes

Leandro Barreto, a partner at Solve Shipping, said that even though prices are still below where they were a year ago, the current backdrop for exporters is very challenging.

“All routes are becoming more expensive because of a combination of factors. One is fuel, since oil prices have doubled. On top of that, 10% of the world’s container fleet is being affected by the Middle East route. That means 10% of loaded containers are ending up at intermediary ports. That reduces market capacity. These alternative routes are longer, so costs also rise.”

He added that ports serving as alternatives to the Strait of Hormuz are also facing congestion, including in Pakistan, Oman, Singapore and Saudi Arabia.

One route that has been used is to ship cargo to the port of Jeddah in Saudi Arabia and then move it overland across the country to the Persian Gulf coast, an option that is not only more expensive but also slower.

In practice, especially for exporters to the Middle East, costs are far worse than they were a year ago, said Gabriel Carvalho, CEO of Scan Global Logistics in Latin America. He noted that beyond regular freight charges, shipping companies are also imposing extra war-risk fees. Those charges can reach as much as $3,000 per 40-foot container, or $4,000 for refrigerated containers.

Carvalho said the only factor softening the crisis is that freight rates were relatively low at the start of the year, so even after the recent increase they have not yet returned to peak levels. Still, he said the situation is worrying.

Impact on meat, commodity exporters

“The hardest-hit exporters are meat and commodity producers. These are perishable, refrigerated goods that cannot sit in storage for long. Large exporters have more shipping capacity because their cargo has higher added value, but those selling lower-value commodities, such as wood, have been suffering,” he said.

Barreto said the fact that freight rates are still below 2025 levels reflects the volatility global shipping has experienced since the pandemic. In April last year, he noted, the logistics sector was going through a particularly dramatic period.

In addition to the U.S. tariffs announced that month, the shipping market was still dealing more severely with the effects of the Red Sea shutdown, which began in late 2023 after attacks by Houthi rebel groups from Yemen. Over the past year, however, shipping companies expanded their vessel fleets, increasing capacity, offsetting part of the disruption and easing freight costs.

Beyond rising prices, Carvalho said there is concern that ships could start running short of fuel. There is also growing worry about a shortage of containers, a scenario specialists see as likely if the Strait of Hormuz remains closed for an extended period.

On the import side, the impact in Brazil has so far been more limited. On the Asia route, the country’s main import corridor, freight rates rose 4.65% in April from March, and importers have not yet faced major problems. Even so, Barreto said risks remain.

“Many see a slowdown in the domestic economy, which would help explain why import freight rates have been more contained.

“Another explanation is that companies held back orders because of the threat of a truckers’ strike and the war, so they decided to burn through inventories. But inventories are being depleted and the war has not ended. That’s why we are expecting a freight-rate reaction in the second half of April,” he said.

*By Taís Hirata — São Paulo

Source: Valor International

https://valorinternational.globo.com/

 

 

The expected filling of Brazil’s beef export quota to China by midyear, combined with a growing supply of feedlot cattle ready for slaughter, is likely to push cattle prices lower in the second half, JBS CEO Gilberto Tomazoni said on Tuesday.

A potential drop in demand for Brazilian beef after the annual Chinese quota of 1.1 million tonnes—exempt from an additional 55% tariff—is filled could generate excess supply that will need to be redirected to domestic and international markets, Tomazoni told journalists during the 12th Annual Brazil Investment Forum hosted by Bradesco BBI.

In addition to the roughly 600,000-tonne gap between China’s quota and Brazil’s export volume last year, Brazil will also lose tariff-free access for about 350,000 tonnes shipped at the end of 2025 but counted toward China’s 2026 quota because they arrived at Chinese ports this year.

Even rising demand from other Southeast Asian countries and the United States—where cattle supply remains tight—will not be enough to absorb the roughly 950,000 tonnes China is expected to stop importing from Brazil in 2026, Tomazoni said.

“That’s a significant volume. China used to account for close to 50% of Brazil’s beef exports,” he said. “Markets are growing, but not at the pace needed to offset what China may no longer buy. Brazil is seeking new markets, but the U.S. imports different products [than China].”

He added that, despite the ongoing downcycle in cattle supply, prices could still ease in the second half.

Despite China’s quota limits and the war in the Middle East, Tomazoni and other industry executives at the forum expressed optimism about global meat demand.

Even before the conflict, consumption had been rising, supported by higher incomes and increased protein intake, said Minerva Foods CEO Fernando Galletti de Queiroz. The war has further heightened concerns over food security, he added.

“In the short term, we are seeing countries increase their strategic reserves,” Galletti said.

Like Minerva and JBS, MBRF has seen higher logistics costs in the Middle East due to rerouted shipping and land transport, higher oil prices, and increased insurance premiums, said CEO Miguel Gularte. However, stronger demand across meat categories since the start of the conflict has allowed companies to pass on costs, he noted.

Galletti also pointed to opportunities to expand exports to markets still closed to Brazilian beef, such as Japan and South Korea, as well as to other Southeast Asian countries. Tomazoni highlighted potential gains in the European Union and Africa. In Brazil, the World Cup and elections are also expected to boost meat consumption, Gularte said.

Although cattle supply for slaughter in Brazil is expected to tighten due to the livestock cycle, the country benefits from ongoing productivity gains driven by genetic improvements and better nutrition.

“There is enormous room for growth. Brazil will set the tone in the global beef market,” Tomazoni said.

*By Clarice Couto — São Paulo

Source: Valor International

https://valorinternational.globo.com/