Apex under Lula was the scene of upheavals; understand – 05/31/2023 – Market

In five months of government, Apex-Brasil (Brazilian Agency for the Promotion of Exports and Investments) has already been the scene of upheavals involving the current president, former Senator Jorge Viana (PT-AC), and accumulates nominations from allies of President Lula (PT).

The most recent episode was recorded last Thursday (25), with Viana’s reappointment to the post after a court decision. He had been removed for allegedly not speaking English.

The former senator was appointed to the agency on January 3. Salary is BRL 65,000 per month.

In March, Viana made a change in the bylaws so that English was no longer mandatory to hold the position of president at Apex, becoming just a recommended requirement. The measure directly benefited him, as he would not have mastery of the language proven by means of a proficiency certificate or certificate of completion of an English course.

During this period, Viana also appointed allies to advise Apex, including the architect Madson Willander Melo de Sá, appointed as advisor to the Business Directorate. He has already worked as a manager in a former senator’s company. Lawyer Antonio Siqueira e Silva Neto, Viana’s former partner, was also appointed to advise the institution’s presidency. The information was revealed by the newspaper O Estado de S. Paulo.

Apex-Brasil said, in a note, that the hires were carried out in accordance with the legislation and complying with the regulatory requirements of the institution itself.

“Both have proven professional experience and meet the established requirements to fulfill their functions as advisors”, he told the Sheet.

To the newspaper O Estado de S. Paulo, the agency said that Viana’s political and managerial activities contributed “to expand Brazil’s presence in the international business environment, precisely because of its capacity for dialogue and interlocution, even more so after four years of Bolsonarism”.

Apex had also already stated that the transition team guided the review of the regulatory framework of all direct administration bodies. In this sense, it promoted a review of all its normative instruments and internal regulations.

After the complaint, the Justice of the Federal District granted an injunction (urgent and provisional) last week to bar Viana’s appointment for failing to prove an advanced level of English. In addition, it suspended the amendment made in March to the institution’s bylaws.

Deputy federal judge Diana Wanderlei understood that the removal of this requirement from the statute “incurs clear illegality by misuse of purpose” for benefiting the current president of the body.

The lawsuit was filed by Senator Flávio Bolsonaro (PL-RJ), son of former President Jair Bolsonaro (PL). In the previous government, public manager Alex Carreiro resigned as president of the Apex in the first days of the government after the press revealed that he also did not speak the language.

Deputy Eduardo Bolsonaro (PL-SP), also the son of the former president, even mocked the situation on social networks. With the caption “Young people, the world goes round (and fast)”, he showed a video showing a report with the title “Federal Justice annuls the appointment of the Apex president because he does not speak English”. In addition, he remembered when he was mocked for wanting to be ambassador to the United States, despite making mistakes when speaking the language.

In a note after the injunction, Apex-Brasil said that, in the assessment of the AGU (Attorney General of the Union) and the Legal Management of the institution, the decision of Judge Diana Wanderlei presented weaknesses. The agency also said it believed that the situation would be reversed by the TRF-1 (Federal Regional Court of the 1st Region).

Subsequently, the TRF-1 vice-president overturned the first instance decision that annulled Viana’s inauguration. Federal judge Marcos Augusto de Sousa accepted the arguments presented by the AGU, which legally represents the government, in favor of Viana.

He also overturned the suspension of the agency’s bylaws change regarding the requirement of fluency in English to hold the position. The decision was taken on a preliminary basis 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.

After the decision, the president of the Apex stated that the language is not a barrier for him to fulfill his duties at the institution. He also denied that the change was to benefit himself, arguing that this and other bylaw changes were made to benefit the body’s governance.

“It’s not a matter of language, I communicate in English, Spanish. It’s not about that, it’s about how I can or cannot manage an agency like Apex, my appointment was made by President Lula based on a 2003 law and other directors were appointed by Apex’s board of directors. I, honestly, without false modesty, have plenty of qualifications to fulfill this mission”, he told CNN Brasil on Friday (26).

Apex operates as a non-profit legal entity governed by private law and is linked to the MDIC (Ministry of Development, Industry, Commerce and Services), headed by Deputy Geraldo Alckmin (PSB).