CADE upholds dismissal of case involving Soy Moratorium

On 7 October, the Administrative Council for Economic Defense (CADE) ruled on the request for clarification filed by the Association of Soybean and Corn Producers of the State of Mato Grosso (APROSOJA/MT) in response to the decision of the Supreme Federal Court (STF), which ordered the dismissal of all cases involving the Soy Moratorium.

APROSOJA/MT is the interested third party in the proceeding dismissed in compliance with the immediate and binding decision of the STF, issued after the joint ruling on Direct Actions for the Declaration of Unconstitutionality (ADIs) No. 7,774 and 7,775

According to the rapporteur, Commissioner José Levi, no procedural defects such as omission, lack of clarity or contradiction, were identified to justify the third party’s request.

Mr Levi highlighted that the Tribunal of CADE had already unanimously rejected similar requests for clarification filed by APROSOJA/MT in 14 appeals arising from the same administrative proceeding.

In this regard, he concluded that the request is expressly dilatory in nature and reflects a deliberate strategy of systematically filing unfounded appeals to obstruct and delay compliance with a binding and sovereign decision of the STF.

Therefore, CADE upheld the immediate dismissal of the case and imposed a procedural penalty of BRL 250 thousand on APROSOJA/MT, subject to an increased amount in the event of repeated violations.

Access Case No. 08700.005853/2024-38