A disputa pelo controle da Siderúrgica mineira Usiminas, envolvendo as empresas Ternium e Companhia Siderúrgica Nacional (CSN), tem gerado grande preocupação no governo italiano, que recorreu à cúpula do governo Lula para encontrar uma solução. A recente decisão do Superior Tribunal de Justiça (STJ) do Brasil, que favoreceu a CSN, de Benjamin Steinbruch, surpreendeu e inquietou as autoridades italianas. A questão, que já se arrasta há mais de uma década, ganhou um novo capítulo com essa reviravolta judicial.
O vice-primeiro-ministro e ministro das Relações Exteriores da Itália, Antonio Tajani, expressou essas preocupações em um encontro com o ministro da Casa Civil do Brasil, Rui Costa, na sede da Federação das Indústrias do Estado de São Paulo (Fiesp). Tajani manifestou seu espanto com a mudança de entendimento do STJ e reiterou a insatisfação do governo italiano com a condução do caso. Ele enfatizou a necessidade de uma análise justa e transparente, especialmente agora que a disputa foi levada ao Supremo Tribunal Federal (STF).
Rui Costa, por sua vez, comprometeu-se a estudar o caso e analisar os próximos passos que o governo brasileiro poderá tomar, sempre respeitando os trâmites legais e institucionais. A disputa entre Ternium e CSN pela Usiminas envolve interesses econômicos estratégicos tanto para o Brasil quanto para a Itália, e a recente decisão do STJ gerou receios sobre a segurança jurídica e os impactos financeiros dessa decisão.
Briga começou em 2011
A disputa judicial que se arrasta há mais de uma década entre CSN, do empresário Benjamin Steinbruch, e a Ternium, do Grupo Techint, vem chamando a atenção na cena política, jurídica e no mercado. O imbróglio começou em 2011, quando a Ternium adquiriu as participações que a Votorantim e a Camargo Corrêa detinham no bloco de controle da Usiminas.
À época, a CSN tinha cerca de 16% da siderúrgica mineira e planejava uma compra hostil de controle. Com a entrada da Ternium, a CSN mudou de tática e, para sua estratégia de saída, resolveu pleitear o direito de tag along (um mecanismo de proteção a acionistas minoritários de uma companhia que garante a eles o direito de deixarem uma sociedade). A CVM foi acionada, mas invalidou o argumento julgando que não houve mudança de controle na Usiminas.
A essa derrota da CSN seguiram-se outras, no CADE e na Justiça, onde a empresa perdeu na 1ª instância, depois por unanimidade na 2ª instância, e finalmente no STJ.
Em junho tudo mudou
No recurso de embargos de declaração houve uma reviravolta após uma mudança na composição da Terceira Turma do STJ. O ministro Paulo de Tarso Sanseverino morreu em março de 2023 e, meses depois , o ministro Marco Aurélio Bellizze se declarou impedido, alegando questões pessoais: seu filho fora contratado por um dos advogados da CSN. Tanto Sanseverino quanto Bellizze haviam sido favoráveis à Ternium no julgamento anterior.
O novo resultado foi anunciado em junho deste ano e vem chamando atenção por impor uma multa de R$ 5 bilhões à Ternium e o pagamento de R$ 500 milhões aos escritórios que representam a CSN a título de honorários de sucumbência.
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