Ministers evaluate Ricardo Lewandowski’s decision, which suspends the quarantine for politicians to take up positions in state-owned companies
The STF (Supreme Federal Court) resumes this Wednesday (6.Nov.2023) the judgment that analyzes the constitutionality of the State Law that prohibits the participation of politicians in public companies.
Ministers will assess whether or not to endorse a preliminary (provisional) decision by retired minister Ricardo Lewandowski of March 16, which suspended the quarantine for politicians to take up positions in state-owned companies.
The analysis of the case will go to trial in the physical plenary of the STF. Previously, the action was being analyzed in the Court’s virtual plenary session. In March, Minister Dias Toffoli asked for a review (more time for analysis).
STATE LAW
The law was created in 2016 during the government of the former president Michel Temer (MDB) and in the midst of the Lava Jato operation and other investigations that showed signs of corruption at Petrobras during the PT governments with the participation of politicians from other parties, such as the MDB itself.
The measure determines that public companies must follow governance criteria. They must have a statute, an independent board of directors and practice policies in accordance with market conditions. Among the rules is the impossibility of a minister, for example, being able to occupy a position on the board of the state-owned company.
On March 11, Minister André Mendonça requested a review of the judgment that deals with the State Law.
However, 5 days later, on March 16, then minister Ricardo Lewandowski suspended sections of the law thatwhich restricted the appointment of politicians to board positions in public companies. Read the complete of the decision (PDF – 286 kB).
The magistrate accepted a request for an injunction presented on Wednesday (15 March) by PC do B, which filed the action for deeming the restrictions on nominations unconstitutional. Lewandowski’s decision ensured that the government of Luiz Inácio Lula da Silva (PT) could make political appointments for positions.
Hours after Lewandowski suspended sections of the law, Mendonça returned to review the case.
A possible decision by the STF to maintain the law as it is would be another obstacle to the PT member’s progress in negotiations with Centrão parties, in an attempt to gain more support in Congress.
However, the new date for the trial comes at a time of tension between the powers. The favorable vote of the Government leader in the Senate, Jacques Wagner (BA), in the PEC that limits the powers of the STF caused an escalation of tension between the Court and Planalto.
#STF #resumes #judgment #StateOwned #Law #Wednesday