Toledo Marchetti

Toledo Marchetti assists ABRAGEL in action at the STF

Toledo Marchetti Advogados assisted the Brazilian Clean Energy Generation Association (ABRAGEL) in filing ADI 7319 with the Federal Supreme Court, arguing the unconstitutionality of Law 11.865/2022, of the state of Mato Grosso, which prohibited the installation of UHEs and PCHs along the Cuiabá River.

The STF, by an expressive majority of votes (8×2), upheld the action, recognizing the usurpation of the Union’s competence to legislate on water and energy, as well as to explore electric energy services and facilities and the use of the energy potential of water courses.

The decision is an extremely important precedent for the entire energy sector, and reinforces the need to respect, by the federation entities, the rules for the division of competencies established in the Federal Constitution.

Toledo Marchetti relied on partners João Marcos Neto de Carvalho, João Paulo Pessoa, Ana Claudia Franco (pictured from left to right), lawyers Ana Carolina Chagas, Kamila Bezerra, Julia Cacella, trainees Karen Amaral Alves and Maria Eduarda Silva Santos.

In-house counsel to Abragel: Isabela Ramagem.

Arruda Alvim also participated at this deal and relied on partners Eduardo Arruda Alvim and Vitor José de Mello Monteiro.