Judge overturns decision that removed president of Previ – 05/29/2023 – Market

Judge Rafael Paulo, from the TRF-1 (Federal Regional Court of the 1st Region) overturned this Monday (2) the decision that removed João Fukunaga from the post of president of Previ, the pension fund for Banco do Brasil employees. With that, he can be reappointed to the post.

Fukunaga was removed from the management of the pension fund last Thursday (25) by decision of the 1st Federal Civil Court of the Federal District. The executive was the target of criticism on social networks and among retirees from the institution, who pointed out a lack of experience in the area.

State deputy Leonardo Siqueira de Lima (Novo-SP) was the author of the popular action questioning the qualifications of the executive who based the decision of the 1st Court.

The representative of Novo in the Legislative Assembly of SP filed a lawsuit with the Federal Court on the grounds that the president of Previ did not carry out an activity that qualified him to perform the functions.

According to the legislation cited in the lawsuit, the candidate for the position would need at least three years of experience in activities in the financial, administrative, accounting, legal, inspection, actuarial, social security or audit areas.

This Monday, the federal judge accepted the request of Fukunaga’s lawyers to suspend the decision that removed the executive.

Rafael Paulo analyzed devices that deal with the minimum requirements to be met by members of the executive board and indicated that the “governing legislation assigned to the regulatory body the technical discretion to assess the necessary experience in activities in the financial, administrative, accounting, legal, inspection or audit.”

“Therefore, the certificate of technical capacity issued by Previc enjoys the attributes inherent to administrative acts in general, notably the presumption of legitimacy and veracity, the presumption of legitimacy and veracity, so that the burden of argumentation and probative evidence to remove such presumption rests with the author of the demand that intends to deconstruct the act emanating from the Public Power or from whoever acts in his place”, wrote the judge.

Fukunaga was appointed to the post at the end of March. He has been a BB employee since 2008 and also has a career as a union leader in his curriculum —he joined the board of directors of the Bank Workers Union of São Paulo, Osasco and Region in 2012.

The executive was appointed to command Previ at the end of March, replacing Daniel Stieler, who had been in charge since June 2021 and retired.

Fukunaga was endorsed by Previc (National Superintendence of Complementary Pensions), the sector’s regulatory body, which issued the director qualification certificate.