Lewandowski grants injunction reducing barriers to appointing politicians to state-owned companies

Minister Ricardo Lewandowski, of the Federal Supreme Court (STF), on Thursday granted an injunction to lift the 36-month quarantine imposed on leaders of political parties or who acted in electoral campaigns so as to occupy management positions in public companies and mixed economy company.

The ban was imposed by state law, passed by Congress in 2016 in the wake of corruption scandals involving Petrobras and other public companies investigated by Operation Lava Jato.

PCdoB contacted the STF in December 2022 to question the points of the law and, last Friday in a virtual plenary session, the court began analyzing the case. But a request for revision by Minister André Mendonça, after Lewandowski’s vote, interrupted the analysis.

On Thursday, Lewandowski denounced the “danger of delay” in granting the preliminary injunction and, in practice, ignoring Mendonça’s request for an inspection. He justified the measure on the grounds that the election of directors and board members of state-owned companies is imminent and there may not be enough time for a decision on the case.

“The election of directors must take place in the ordinary general meetings – AGO, which must be held by the end of the fourth month following the end of the fiscal year – which, as a rule, in Brazil, corresponds to the calendar year, which ends on the 31st December, that is, this period ends on April 30,” he considered.

The minister reiterated the content of the vote expressed previously. He specifies that, in order to assume management positions in public companies, the candidates will have to move away from the leadership positions of political parties.

Lewandowski also brought about the repeal of the ban on the appointment of ministers of state, state and municipal secretaries to positions on executive boards and management boards.

“The censorship which the censored provisions serve

reducing the risk of capture of the state-owned company by party or union political interests, a factor held responsible for some well-known corruption cases, cannot be supported,” the minister assessed in the decision.

Lewandowski asked for his injunction to be included in the virtual plenary.

Source: Terra

Rose

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