[ad_1]
Brasília – Minister of the Supreme Court of Brazil (STF) Ricardo Lewandowski issued an injunction (interim decision) barring the federal government from selling, without the authorization of the Legislature, the control of the shares of state-owned companies. 39, mixed economy, such as the case of Petrobras, Eletrobras and Banco do Brasil. The decision also includes subsidiaries and companies controlled by the state and also covers the public and municipal spheres of public administration. With this, in practice, the privatizations of state-owned public companies in the country are suspended.
Ricardo Lewandowski emphasizes that the injunction is necessary because there is a risk of irreparable damage
Public companies have publicly traded shares and can sell shares on the stock exchange. The public administration, however, has more than 50% of the capital, thus keeping control of the company and its management. Ricardo Lewandowski took the decision in November 2011 by the National Federation of Staff Associations of the Federal Savings Bank (Fenaee) and the National Confederation of Financial Sector Workers (Contraf / Cut), challenging a direct action of unconstitutionality ( ADI) provisions of state law (13,303 / 2016).
According to the Minister, "the sale of shares of state-owned companies, joint-stock companies or their subsidiaries or subsidiaries requires prior legislative authorization, whenever they take over the disposal of the control of the shares ". In the ruling, Lewandowski stated that he interpreted, in accordance with the Constitution, Article 29 of the state law, which provides for a waiver of bids for the sale of shares of public companies.
He determined that the waiver of the bidding appeal should only take place in the case of a sale of shares not involving a loss of control. Ricardo Lewandowski mentioned "a growing wave of dismissals that take bodies at all levels of the Federation" to justify the urgency of the measure. For the minister, if privatizations are carried out "without strictly observing the provisions of the Constitution", this will result in "irreparable damage to the country".
Lewandowski argues that, despite the state's decision not to directly exploit a particular economic activity, "it can not fail to take into account the fact that privatization processes are shaped by particular procedures, among which less in a first badysis, there is the authoritative manifestation of Parliament. "" Thus, in this review of the preamble, it would not be possible for the state to abandon the exploitation of a specific economic activity, expressly authorized by law, without the necessary participation of its representative body ", indicates the minister.
Two other ADIs, opened by PCdoB and the state of Minas Gerais, also question the provisions of the law and are judged jointly by Lewandowski. The decision of Wednesday (27) is valid until the merits of the trials are judged in plenary session by the STF.
The determination
Who decided:
Minister Ricardo Lewandowski of the Federal Supreme Court (STF)
Decision:
The Minister granted an injunction (interim decision) prohibiting the government from selling, without the authorization of the Legislature, the control of stocks of public mixed-economy companies, such as Petrobras, Eletrobras and Banco do Brasil.
L & # 39; s involvement:
In practice, privatizations of publicly traded public companies in the country are suspended.
Control:
Mixed economy public enterprises have open capital, which can sell shares on the stock market. The public administration, however, has more than 50% of the capital, thus keeping control of the company and its management.
The scope:
The decision includes mixed savings with control of the Union, states and municipalities, as well as state subsidiaries.
Motivation
Minister Ricardo Lewandowski made the decision in November 2011 by the National Federation of Staff Associations of the Federal Savings Bank (Fenaee) and the National Confederation of Financial Sector Workers (Contraf / Cut), questioning the provisions of state law (13,303 / 2016).
The foundation
According to the Minister, "the sale of shares of state-owned companies, joint-stock companies or their subsidiaries or subsidiaries requires prior legislative authorization, whenever they take over the disposal of the control of the shares ". In the ruling, Lewandowski stated that he interpreted, in accordance with the Constitution, Article 29 of the state law, which provides for a waiver of bids for the sale of shares of public companies.
Source link
