Popular action was filed by representatives of union entities of Petrobras and BR distributora against changes in the statute of the state-owned company
After being mobilized, with a historic strike, aiming at this year's collective agreement, now it was the turn of the oil workers to take action again. Last Tuesday (3/27), the 08rd Business Court of the Court of Justice of Rio de Janeiro received a popular action against the decision of the Extraordinary General Meeting of the Board of Directors of Petrobras, which decided to change the bylaws, allowing the sale of the company only with the approval of the Board of Directors, aiming, according to the union of oil workers, to facilitate the process of sale of the state-owned subsidiaries.
The public action is based on the Brazilian Corporate Law (Law No. 6404/76), which requires, in the event of the sale of shareholding control of companies, the approval of the shareholders.
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In April, the Extraordinary General Meeting of the Board of Directors of Petrobras approved changes to the company's bylaws and since then, unions have been mobilizing against the measure.
According to representatives of the workers' union of Petrobras and BR distributora, the day after the approval of the change of statute, the sale of eight refineries of the state-owned company was announced.
According to Aragão Ferraro Advogados, the legal advisory responsible for the action, the amendment to the bylaws aims at “Castello Branco and Petrobrás evading public and social control, and can create or extinguish subsidiaries in a simpler way. Such a measure directly affects the privatization of the company, which must create subsidiaries to sell, for example, the refineries”.
The action
The class action was filed under number 0212517-84.2019.8.19.0001 at the 3rd Business Court of the Rio de Janeiro Court of Justice, and was filed by the General Coordinator of the Single Federation of Petroleum Workers (FUP), José Maria Rangel, by the General Coordinator of SindipetroNF, Tezeu Bezerra, and by the president of the Trade Union of Minerals and Petroleum Derivatives of the State of Rio de Janeiro (Sitramico/RJ), Ligia Deslandes.
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