Since it was created in 1997, the National Telecommunications Agency (Anatel) has fined a lot and received little: the data in the history released by the regulatory agency show that it applied the equivalent today to R $ 7.86 billion in fines, but received 1 / 8 of that amount, or R $ 926.12 million.
There were 111.67 thousand open administrative cases (PADOs); of these, 57.23 thousand resulted in fines, but only 37.69 thousand were paid.
“In case of non-payment, the fine goes on to administrative collection and, in the event of default, the collection is made in a judicial sphere via the Federal Attorney’s Office. It appears that, in most cases, fines are paid, but they represent a smaller portion of the fines resulting from Anatel’s PADOs ”, said the agency in a statement.
This means that, if most of the fines were applied to small economic groups, the big operators fight until the last instance not to pay them, appealing the sentence in court. As judicial deposits are made (that is, in guarantee accounts), the data are computed as balances not settled by Anatel.
Big fight not to pay
While small children are defendants in more than 88,700 PADOs, only Oi is Anatel’s target operator in 10,600 administrative cases. Next comes Vivo (Telefônica), with 5.2 thousand; Claro, with 4,400 processes; and TIM, with 1.3 thousand.
According to the regulatory agency, however, most of the cases were closed by agreement or payment of the fine – Oi still has 503 administrative cases pending, while Vivo today accounts for 143 PADOs; Claro and TIM have 112 and 48 cases open, respectively.
Anatel explains that the number of cases is directly proportional to the company’s performance – Oi, which is responsible for the country’s fixed telephony, has more cases, while Vivo, the largest cellular operator, is next among those that respond to open cases. by Anatel.