The number includes the end of current terms and 4 positions on the boards that ended in 2023 vacant; TCU decision may expand indications
The president Luiz Inácio Lula da Silva (PT) will be able to make at least 14 appointments to directorships of regulatory agencies by the end of 2024. With Centrão eyeing more positions in the government, new vacancies in regulatory entities should enter the dispute in exchange for support in Congress.
The survey was carried out by Power360 based on the expiration of the terms of 10 directors of federal agencies next year. It also considers 4 positions of director of federal agencies that ended 2023 vacant – there were 5 until November, but in December it was made appointment to the ANM (National Mining Agency).
All 11 federal regulatory agencies are formed by a Collegiate Board (or Board of Directors), the body responsible for the decisions of each entity. In most cases, these bodies are made up of 5 members, 4 directors and 1 CEO. They are appointed by the President of the Republic and must have their name approved by the Senate.
In 2024, the national agency that will have the biggest renewal will be the Anvisa (Health Surveillance). The organization already has 1 vacant position since September, when director Alex Machado resigned. In December of next year, the terms of Meiruze Sousa Freitas and Antonio Barra Torres will end, the latter being the current president.
In addition to Alex Machado's position at Anvisa, there are 3 other unfilled positions vacant since 2023 that have not yet been filled by Lula. There are vacancies on the boards of ANA, Anvisa, Anatel and ANP.
TCU CAN INCREASE VACANCIES
This number may increase depending on the decision of the TCU (Court Union accounts). The Court should re-analyze in January the process that has been ongoing since 2022 regarding the term of office of the president of the Anatel, Carlos Baigorriindicated by Jair Bolsonaro (PL) at the end of 2021.
The rapporteur, minister Walton Alencar Rodrigues, voted at the session held on August 16 for Baigorri's term to end in October 2025, when he will complete 5 years on the board. Initially, Bolsonaro appointed him to hold the position until November 2026.
The process analyzes whether those appointed to the position of director-president of the agencies can have a 5-year term of office, as established by law, even when they already occupied the Collegiate Board of the agencies, which is the case of Baigorri.
Read more about the case:
Alencar Rodrigues followed the guidance of the technical area in his vote to:
- to establish 5 years as the maximum time to remain on the Collegiate Board, even if the member is later appointed to the position of CEO;
- this means that if someone is appointed to preside over an agency from 2020 to 2025, but has already been on the Collegiate Board since 2018, their term ends in 2023, When will you complete 5 years on the board?.
There is a perception that the biggest beneficiary of a possible decision against Baigorri is Lula. If the rapporteur's understanding is followed, in addition to Anvisa and ANS, Lula will be able to change command of Aneel and Ancine in 2024.
The topic, however, is not pacified at TCU. Separate votes must be submitted. One possible path is for the rule to only come into effect after Baigorri's appointment, not affecting retroactive cases.
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