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The Minister has given a preliminary injunction to determine that the sale of shares of state-owned companies, joint-stock companies or subsidiaries requires legislative authorization
By
Amanda Pupo, from Estadão Contenido
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June 27, 2018, 4:17 pm – Posted on June 27, 2018, 3:42 pm
Ricardo Lewandowski: The Minister says that he made the decision individually because there is "urgency" in the matter (Nelson Jr./STF/Divulgação)
Brasília – By attaching the prior authorization of the Legislature to the sale of state shares in the event of loss of control, the Federal Supreme Court (STF) Ricardo Lewandowski He said that "a growing wave of privatization" has taken Brazil without "strict compliance with the law," which, according to the minister, could bring "irreparable" damage to the country.
In a decision released on Wednesday 27, Lewandowski granted an injunction – which should go through the referendum of the STF – to determine that the sale of shares of public companies, mixed-capital companies or their subsidiaries or subsidiaries requires prior legislative authorization, whenever they take over the provision of control of the shares.
The Minister has decided that the waiver of the call for tenders can only apply to the sale of shares that do not matter in loss of control of the shares of public companies, joint-stock companies or their subsidiaries or controlled companies.
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.
The action by which Lewandowski granted the injunction was filed in 2016, by the National Federation of Staff Associations of the Federal Savings Bank (FENAEE) and by the National Confederation of Financial Sector Workers (CONTRAF /). CUT). The badociations are calling into question Law no. 13303/2016, the so-called "law of the state", which provides for the legal status of public companies, joint-stock companies and their subsidiaries within the Union, States, the Federal District and municipalities.
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.
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 authoritarian manifestation of the Parliament ".
"Thus, in this preamble, it would not be possible for the state to abandon the operation of a specific economic activity, expressly authorized by law, without the necessary involvement of its body. representative, because this decision does not concern only the head of the executive branch, "says the minister.
Lewandowski also says that "it is necessary to emphasize the argumentative line" that the Constitution would not allow direct alienation from the control of state-owned enterprises, since Law 9.491 / 1997, still in force, requires, in destabilization proceedings, "The badignment of the interest, including inventory control, preferably by the spraying of shares" is done through a process of appeal of offers, which "can be done in the auction mode".
The Supreme Court further baderts that, although the disputed state law articles do not deal with "expressly waiving statutory authority," the absence of this reference may generate illegitimate expectations and therefore, legal uncertainty.
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