Process was removed from the agenda for another 60 days at the request of the rapporteur; the judgment could shorten the management of 5 entity directors
O TCU (Federal Audit Court) postponed for the 5th time the judgment that could change the command from 5 of the 11 regulatory agencies. The process was removed from the agenda this Wednesday (April 17, 2024) for another 60 days at the request of the rapporteur, minister Walton Alencar Rodrigues. According to the Power360the lack of consensus among ministers delays the definition of the topic.
The case has been at the Court of Auditors since January 2022 and deals with the term of office of the president of the Anatel (National Telecommunications Agency), Carlos Baigorriappointed by former president Jair Bolsonaro (PL) at the end of 2021.
The process analyzes whether those appointed to the position of director-president of the bodies can have a 5-year mandate, even when they previously occupied the Collegiate Board of the agencies, exceeding 5 years as director, which is the case of Baigorri.
Alencar Rodrigues has already presented his vote (read below), on August 16, 2023, but requests for review from ministers Augusto Nardes and Jhonatan de Jesus and requests to withdraw from the agenda ended up postponing the conclusion of the process.
All federal agencies have a Collegiate Board (or Board of Directors) made up of 5 directors or advisors. They are appointed by the President of the Republic, who is also responsible for nominating the general director or director-president of the bodies. The term of office of a board member is 5 years. Reappointment for a consecutive term is prohibited.
The rapporteur voted so that Baigorri's term ends in October 2025, when he will complete 5 years on the board. Initially, Bolsonaro appointed him to hold the position until November 2026.
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, the term ends in 2023, when they will have spent 5 years on the board.
However, there are at least two other currents in the TCU. A wing that agrees with Rodrigues' vote, but wants to limit the understanding to future nominations. And another that considers that the term of president should not be added to the previous time on the board.
Read more about the case:
If the rapporteur's understanding prevails, the biggest beneficiary would be the president Luiz Inácio Lula da Silva (PT). Reason: the cascade effect would open up vacancies that would possibly enter the PT government's negotiating table with political parties, especially the Centrão.
The decision may shorten mandates at the following agencies:
- Aneel (National Electric Energy Agency);
- Anatel;
- Anvisa (National Health Surveillance Agency);
- ANS (National Supplementary Health Agency);
- Ancine (National Cinema Agency).
A decision by the TCU in line with what the rapporteur proposed would immediately end the terms of office of the presidents of 3 agencies. This is the case of Aneel, ANS and Ancine, where the current presidents have held positions on the board of directors since 2017 or 2018.
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