Apex: judge overturns decision that suspended president – 05/25/2023 – Market
The vice-president of the TRF-1 (Federal Regional Court of the 1st Region) overturned the lower court decision that annulled Jorge Viana’s inauguration as president of Apex-Brasil (Brazilian Agency for the Promotion of Exports and Investments) due to lack of proof of fluency in English.
In a decision this Thursday (25), federal judge Marcos Augusto de Sousa accepted the arguments presented by the AGU (Attorney General of the Union), which legally represents the government, in favor of Viana. Marcos Augusto exercises the presidency of the court on an interim basis.
He also overturned the suspension of a change in the agency’s bylaws, implemented after the arrival of the PT, which revoked the requirement of fluency in English for the holder of the post.
The decision was taken on a preliminary basis (urgent and provisional) until the final judgment of the case.
To TRF-1, AGU said that Jorge Viana fulfilled the requirements to occupy the position even before the change took effect.
The body pointed 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 lower court decision also interfered with the prerogative of appointing the president of Apex-Brasil by the President of the Republic.
“It is necessary to conclude that the practical effects of the decision [de primeira instância] impact on the administrative order to a degree that constitutes a risk of serious injury”, said Judge Marcos Augusto in his decision.
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.
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 stating 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”.