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Federal Supreme Court Minister Ricardo Lewandowski on Friday convened a public hearing to discuss the privatization of state-owned companies in the country.
"Under the protection of Article 9º, § 1, of Law 9.868 / 1999 and Article 21, XVII, of the RISTF, considering the relevance – I call a public hearing, at a date to be duly disclosed, to hear the testimony of persons with experience and authority in the transfer of control of the shares of public corporations, joint-stock companies and their subsidiaries "
Requests should be sent to the [email protected] e-mail address during the defined period and include the points that interested parties have the intention to defend in addition to Indicate the name of the representative. The list of people registered to participate in the public hearing will be announced on August 6th.
On Wednesday, Lewandowski granted an injunction that prohibited the government from selling, without Congressional approval, control of shares of publicly traded companies such as Petrobras, Eletrobras and Banco do Brasil.
According to Lewandowski, every state enterprise needs one law to be created and another to be extinguished. Public companies have publicly traded shares and can sell shares on the stock exchange. The public administration, however, has more than 50% stake, thus maintaining share ownership control and company management.
The subject is discussed in the direct action of unconstitutionality presented by the National Federation of Staff Associations Caixa Econômica Federal (Fenae) and the National Confederation of Workers of the Financial Sector (Contraf / Cut). The institutions are questioning the constitutionality of excerpts from a 2016 law that governs how the executive can handle public companies.
For Lewandowski, a privatization trend can cause "irreparable harm" to the country if it is not conducted constitutionally. "There is a growing wave of desestatization taking place at all levels of the Federation, which, if not strictly upheld by the Constitution, could cause irreparable damage to the country," he said. defended
. Even though the Constitution determines that disposals of public badets must be made through a bidding process that ensures equal conditions for all competitors. In addition, he said that when the discussion is held in plenary, ministers will also have to consider whether the law authorizing privatization can be applied to companies providing public services or only to those engaged in economic activity.
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ADI 5.624
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