In a judgment that began last week and was restarted on Wednesday (05/06), the need for legislative authorization for the sale of state-owned companies was decided yesterday, but released the sale of subsidiaries
After the third trial session on the issue of the sale of state-owned companies without congressional approval, the STF decided against the sale, but released the sale of subsidiaries.
The session took place yesterday, Thursday (06/06), and the opinion was contrary when dealing with state-owned companies and causing loss of share control.
The Union has 134 state-owned companies and 88 subsidiaries. Eletrobras has 30, Banco do Brasil has 16 and Petrobras has 36, among the most important, Transpetro and BR Distribuidora.
The decision is in favor of the government, which wanted the rules for the sale of state-owned companies to be made more flexible, as it believed that such an action would lead to economic development.
The decision overturns the injunction issued by Minister Ricardo Lewandowski, which had prohibited the government from selling state-owned companies without congressional authorization.
Last year Lewandowski granted an injunction in response to a request from the National Federation of Caixa Econômica Federal Staff Associations (Fenae) and the National Confederation of Financial Workers (Contraf).
The STF started the trial last week and last Wednesday, when the trial was interrupted, the score was tied at 2 x 2.
Yesterday (06/06) when they returned to work, Ricardo Lewandowski and Edson Fachin voted to demand approval from the Legislative on the sale of any public company.
Alexandre de Moraes, Luís Roberto Barroso, Cármen Lúcia, Rosa Weber, Luiz Fux, Gilmar Mendes, Marco Aurélio, Celso de Mello and Dias Toffoli decided to authorize the sale of subsidiaries without congressional approval.
With the exception of Cármen Lúcia and Marco Aurélio, the rest of the magistrates in this voting chain understood that a bidding process is not necessary to carry out this type of operation.
Interest of BRL 80 billion
The federal government intended to raise more than R$ 80 billion with privatizations and in recent weeks, the Minister of Economy, Paulo Guedes, and the Attorney General of the Union, André Mendonça, spoke a lot with the ministers of the Supreme to defend the possibility of the Executive power to dispose of state-owned companies without the approval of the Legislature.
