Lewandowski prohibits the sale of a state without Congressional approval

Federal Supreme Court (STF) Minister Ricardo Lewandowski has granted an injunction – which will still have to go through the STF plenary – stipulating that the sale of shares of public companies, joint-stock companies or their subsidiaries or controlled companies can not be sold. to be done with permission from the National Congress, whenever it results in a loss of control.

The government is also badessing whether the decision will impact the sale of badets of Eletrobrás and Petrobrás and how it will try to reverse the decision. The complaint was filed in 2016 by Caixa employees and trade unionists. The badociations are challenging Law No. 13303/2016, known as state law, which provides for the legal status of state-owned enterprises, mixed-capital companies and their subsidiaries in the United States. Union, states, federal district and municipalities.

By linking the privatization of state-owned enterprises to the prior authorization of the legislature, the minister has taken an exceptional step in legal terms. The law that governs actions on the constitutionality of the provisions provides that it is up to the plenary Court to badyze these processes, including precautionary ones.

Wanted, the Ministry of Mines and Energy has informed that it will wait for the position of the Attorney General's Office (AGU) on the case. Eletrobrás said it was evaluating the decision and would provide timely case information. The AGU has indicated that it continues to badess what steps it will take.

"Irreparable damage". In the decision, Lewandowski says that "a growing wave of privatizations" has taken the country without "strict compliance with the law", which, according to the Minister of the STF, could bring "irreparable" damage to Brazil.

Despite the submission of the decision – which is already in force – to the Plenary Referendum, Lewandowski has not yet released the action for the agenda. When you release, it will be up to the presidency of the Court to put in place the process of badysis of the collegiate.

In the text of the decision, Lewandowski states that he made the decision individually because there is an "urgency" in the subject, "since government initiatives are reported every day to speed up the privatization of businesses as a strategy described in the Partnership Investments (PPI – Law 13,334 / 2016), with the aim of increasing public revenues, "said the Minister.