AGU appeals suspension at Apex due to lack of English – 05/25/2023 – Market

The AGU (Attorney General of the Union) appealed this Thursday (25) against the decision of the Federal Court of the Federal District that annulled Jorge Viana’s inauguration as president of Apex-Brasil (Brazilian Agency for the Promotion of Exports and Investments) for lack of proof of fluency in English.

The Justice decision also suspended the change in the agency’s bylaws, implemented after the arrival of the PT, which revoked this requirement for the occupant of the post. The AGU also appeals against this suspension.

Viana is a former senator and former governor of Acre for the PT. He took office at the helm of the institution that promotes the country abroad on January 10.

In the appeal presented to the TRF-1 (Federal Regional Court of the 1st Region), the body that legally represents the government says that Jorge Viana fulfilled the requirements to occupy the position even before the change took effect.

The AGU points out that the Apex-Brasil statute established, in addition to fluency in English proven by a proficiency certificate, two other possibilities for proving aptitude for the post: international experience for a minimum period of one year or professional experience in Brazil of no more than minimum of two years, which required knowledge and use of the language.

The agency argues that Viana was a member of the Senate’s Foreign Affairs and National Defense Commission for more than seven years and that, throughout his mandate, he participated in 29 missions abroad and represented the Brazilian Legislative in conferences at the United Nations.

According to the AGU, the decision also interferes with the prerogative of appointing the president of Apex-Brasil by the President of the Republic.

This would create, says the appeal, “a serious impediment to the management of this entity, whose relevant attributions cannot be hindered by the absence of its holder, interfering excessively with the administrative merit of choosing public and private agents who depend on the special confidence of the President of the Republic in the planning and development of the country”.

The decision that suspended Viana’s inauguration was taken by substitute judge Diana Wanderley, in charge of the case, who responded to a request from Senator Flávio Bolsonaro (PL-RJ), on the grounds that Viana “does not meet the fundamental requirement of fluency in English language, advanced level, to occupy the position that he improperly assumed”.

According to the parliamentarian, the PT would have “influenced to change the Statute of Apex-Brasil and other regulations, with the purpose of benefiting himself and, with that, remain in the position for which he was appointed by the current president”. The salary is R$ 65 thousand.

The agency is a non-profit legal entity governed by private law linked to the Ministry of Development, Industry, Commerce and Services, a portfolio headed by Deputy Geraldo Alckmin (PSB)

The 5th Federal Court highlighted the “great political and curriculum capital in public management” of Viana, former governor and senator for the PT of Acre, in addition to stressing that there is “probability that he meets the requirement that had not yet been demonstrated in the act of inauguration , in this case, proficiency in advanced English”.