Aircraft
Court Overturns Second Order Halting Embraer/Boeing Deal
A federal appeals judge chastises lower courts for judicial overreach.

Brazilian appeals courts moved with lightning speed to strike down a second restraining order freezing the Boeing/Embraer merger negotiations. The court issued the order last Wednesday and announced it Thursday; the solicitor general’s office said it would appeal Friday afternoon; and in the early morning hours of Saturday of the pre-Christmas weekend, regional federal court presiding judge Therezinha Cazerta struck down the order. “The courts aren’t the owner of the ‘golden share,’” she said, in reference to the Brazilian government’s veto prerogative. “Their jurisdiction is the preservation of rights, in the strongest sense of the term, and not determining the direction of the largest Brazilian aviation company.”


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