Attitudes after the withdrawal of the Good Offices

After Eni gave up on the Good Offices, on March 21, 2022, without having concluded (and signed) the Terms of Reference (ToR), let alone having held the first mediation meeting, I took 4 (four) attitudes:

MEMORIAL TO ENI'S STAKEHOLDERS 

I prepared a new “memorial” (Doc. 01), describing in detail the events that took place from 2001 to March 2022, providing full proof of everything that was stated. In this material, sent to Eni's Stakeholders and to the Italian government, the company's controlling shareholder, at the beginning of April 2022, my "expectations" were described in relation to Eni itself. 

And, at the end of the “standard email” it was requested that: “After the relevant analyzes and reviews, I would like your organization to be able to take the necessary steps regarding ENI, and for me be informed about these actions”.

Important Note: Know the “standard email” sent to some of the Respondent's Stakeholders: CDP SpA (Doc. 02); Confindustria (Doc. 03); EcoVadis (Doc. 04); IIA Global (Doc. 05); GRI (Doc. 06); and OECD (Doc. 07). Both the NCP Brazil and the NCP Italy, as they are Stakeholders of the Respondent, also received this standard email.

COMPLAINT AT THE UN - HUMAN RIGHTS

On April 6, 2022, I formalized a complaint (Doc. 08) on the website “United Nation Human Rights”, reporting the attacks on my honor and reputation promoted by Eni when the “2nd version” and “3rd version” were presented about my dismissal.

Now, the “attacks” of Eni against my honor and reputation were “fully proven” in this Specific Instance. This unfair corporate conduct is protected by the Constitution of Brazil (1988) and reproved in the “Universal Declaration of Human Rights” (UN - 1948):

“Article 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks”.

In addition, the 2011 update of the OECD Guidelines included a “new chapter” on human rights, consistent with the “UNGP 31”.

EXTRAJUDICIAL NOTICE FOR ENI

My lawyer prepared an “extrajudicial notification” (Doc. 09) that was sent to Eni on April 7, 2022, with a copy to the company's outsourced lawyer with two purposes. The first was in relation to the “Proposal for Amicable Settlement”, requested by Eni itself on November 2020 and which, as of the date of this notification, had not been responded to. And the second and main purpose was to increase my limitations period in relation to any legal action against Eni in order to request in the Italian court a “reparation” for all the damages that I have been suffering.

LAW FOR ACCESS TO INFORMATION 

Because the NCP Brazil is part of the “governmental structure” of Brazil, that is, it is part of the “Direct Public Administration” and, therefore, it is achieved by the legal precepts of the Law for Access to Information (LAI), I made a request to the Ministry of Transparency and General Controllership of the Union (CGU) so that I could have access to “the entire process” of this Specific Instance, especially since all of Eni's manifestations concerned — only and solely — my own person.

Note that the access of the litigants to the documents of the respective Specific Instance is provided for, even in the NCP Brazil Manual (paragraph 10.8).

On April 11, 2022, CGU sent me the response from NCP Brazil about my request: 

“In consideration of your request, we inform you that the document(s) requested in your request constitute preparatory documents included in the scope of Process nº 19971.100637/2020-06, which is under analysis by the Coordination of the Point of National Contact - NCP Brazil. It should be clarified that art. 20, of Decree nº 7.724/2012, which regulates the Law for Access to Information (Law nº 12.527/2012), establishes that 'access to a preparatory document or information contained therein, used as a basis for decision-making or administrative act, will be ensured from the publication of the act or decision'.

In this sense, we inform you that it is necessary to wait for the publication of the decision-making act related to the aforementioned process (Final Statement), so that the required documents can be made available, since their availability may cause damage to the preparation and publication of the Final Statement" (Doc. 10).

Even with this position made at the CGU, after two weeks, on April 29, 2022, NCP Brazil gave me access to the other 3 (three) documents of Eni that I had not yet been aware of.

It is extremely important for NCP Brazil to note that these documents, in addition to “public versions”, deal solely and exclusively with me and, therefore, can never be recognized as “confidential documents”, even more so because there is no sensitive information much less any mention of third parties, all in accordance with the legal precepts of LAI (Law for Access to Information) that end up “validating” and “endorsing” these statements.