Justice annuls Apex president’s inauguration – 05/22/2023 – Market

The Federal Court in the Federal District granted an injunction (provisional decision) this Monday (22) to annul Jorge Viana’s inauguration as president of Apex-Brasil (Brazilian Trade and Investment Promotion Agency) due to lack of proof of fluency in English .

“I grant the request for injunctive relief to declare void the tenure of the current president of Apex-Brasil, Mr. Jorge Ney Viana Macedo, for failing to demonstrate compliance with all the minimum requirements required in the act of taking office, in accordance with the legal regulations in force at the time of the facts”, says an excerpt from the decision of the 5th Federal Civil Court of the Federal District.

The suspension of the change in the agency’s bylaws was also determined, promoted after the arrival of the PT, who revoked this requirement for the occupant of the post.

wanted by SheetApex-Brasil stated that the AGU (Advocacia Geral da União), the government’s legal representative, “will appeal the decision of the federal judge who suspended the inauguration determined by the appointment made by President Luiz Inácio Lula da Silva”.

Deputy judge Diana Wanderley, in charge of the case, responded to a request from Senator Flávio Bolsonaro (PL-RJ), on the grounds that Viana “does not meet the fundamental requirement of fluency in the English language, advanced level, to occupy the position he unduly 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”.

In the wake of this understanding, it granted the PT candidate the recovery of his possession within a period of up to 45 days, counting from the day following the decision.

“Given the general power of caution, observing the principles of reasonableness and the public interest, I allow the validation of the inauguration of Mr. Jorge Ney Viana Macedo, current President of Apex-Brasil, integrating the missing requirement, all based on the current general regime in the act of taking office, so that he can attest in the records the proof of fluency in English at an advanced level, delimited in business conversation (business English), “said the magistrate.

The judge established that a certificate from a private institution with authorization to operate in the country to teach the language in English or a statement from two renowned professionals in language teaching will be accepted as proof, with the respective curriculum vitae attached.

Viana will be able to attach videos of lectures or Apex-Brasil meetings to the autographs, demonstrating the author’s conversation in English.