Telefonica v. Embratel: hearing postponed until August

The Federal Regional Court for the Third District (Portuguese-language acronym TRF3) has deferred until August a decision on applications filed by local exchange carrier Telefonica and Anatel to discharge an injunction awarded to Embratel preventing the LEC from offering long-distance service between its concession area in São Paulo State and other parts of Brazil. The third panel of TFR3 was due to rule on the applications Wednesday, June 26, but Judge Johnson di Salvo asked for more time to examine the case. The courts will be on vacation in July. During Wednesday?s session Judge Nery Júnior, rapporteur for the case, voted in favor of maintaining the injunction. He said it was necessary to ?protect the public interest?. TFR3 has scheduled and postponed a decision three times. The first postponement was requested by Telefonica, the second by Embratel. On June 4, Anatel applied directly to Judge Márcio José de Moraes, president of TFR3, for discharge of the same injunction. This decision could be handed down during the vacation.


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