AGU appeals to the STF against restrictions on the appointment of politicians in state-owned companies

The Federal Attorney General’s Office (AGU) delivered its final arguments arguing that the ministers of the Federal Supreme Court (STF) overturn the section of the State Law that provides for a quarantine for politicians to take charge of public companies. The trial is scheduled to take place this Wednesday (6) and AGU presented a complementary memorial with a new appeal on the topic.

In the document, the Lula government stated that politicians are as qualified to occupy positions in the top management of state-owned companies as executives in the private sector, who are “equally subject to influence”, reported the column of Malu Gasparin the newspaper The globe. The AGU minister, Jorge Messias, stated in the final appeal to the Court that the restriction is “inadequate and excessive”. According to the AGU, “it is not possible, a priori, to punish party political participation, under penalty of violating the fundamental right to freedom of political expression”.

The State Law was sanctioned by former president Michel Temer (MDB) in the wake of Lava Jato. The objective of the rule was to shield public companies from political interference that would cause losses to their businesses. Among the determinations, the rule provided for a three-year quarantine for party leaders, ministers and secretaries to assume positions in state-owned companies.

However, in March of this year, the then minister of the Federal Supreme Court (STF) Ricardo Lewandowski suspended the effects of the rule that restricted political appointments. Based on the injunction, Petrobras’ board approved, in October, a review of the company’s leadership appointment policy to “exclude prohibitions on the appointment of administrators provided for in Law No. 13,303/2016 (State-Owned Companies Law)”.

Last week, the Union approved changes to Petrobras’ statute that facilitate political appointments at the state-owned company. Before the vote, the Federal Audit Court (TCU) issued an injunction favorable to the Novo party to block changes to the company’s bylaws. The TCU must analyze the changes established by the council.