Post by xyz3700 on Feb 27, 2024 7:27:28 GMT
The increase in privatizations can bring losses to the country, and, therefore, it should not be forgotten that the processes are shaped by the manifestation of the Legislative Power. The understanding comes from Minister Ricardo Lewandowski, who voted , on Wednesday (5/6), to prohibit the sale of state-owned companies without authorization from Congress. Nelson Jr. / SCO STF Read Lewandowski's vote on the judgment on sales of state-owned companies. Nelson Jr. / SCO STF The minister, who is the rapporteur of the process, argues that the sale of public companies must be regulated by Congress whenever there is a loss of share control by the government. "The 1988 Constitution always requires the acquiescence of the Legislative Branch to the processes of creating a government entity of this type, even if it was created to explore economic activity in the strictest sense", states the minister.
According to Lewandowski, the State cannot give up the exploration of a certain economic activity without the necessary participation of Congress, since the decision is not exclusively the responsibility of the head of the Executive Branch. According to Lewandowski, the CF provides for the direct exploitation of economic activity by the State, when necessary for the imperatives of national security or relevant collective interest. "This exploitation Chinese Malaysia Phone Number List may take place through the establishment of public companies and mixed-capital companies, as well as their subsidiaries, which will develop economic activity of production or commercialization of goods or provision of services. It turns out that, under the terms of the CF, only By specific law, the establishment of a public company and mixed capital company may be authorized", he says.
Furthermore, according to the minister, the constitutional text provides that the creation of the respective subsidiaries depends on legislative authorization, as does the participation of any of them in a private company. "As can be seen, the Charter always requires the acquiescence of the Legislative Power to the processes of creating a governmental entity of this type, even if it was created to explore economic activity in the strict sense" he points out. For the minister, allowing the direct sale of shares, in an amount sufficient to lose corporate control of a state-owned company, in a way that makes public competition impossible, could violate the constitutional text.On May 28, the opinion signed by deputy Orlando Silva was approved by the Plenary of the Chamber, and the matter (MP 869/2018 and PLV 7) was submitted to the Federal Senate (through Official Letter M-P ) for voting.
According to Lewandowski, the State cannot give up the exploration of a certain economic activity without the necessary participation of Congress, since the decision is not exclusively the responsibility of the head of the Executive Branch. According to Lewandowski, the CF provides for the direct exploitation of economic activity by the State, when necessary for the imperatives of national security or relevant collective interest. "This exploitation Chinese Malaysia Phone Number List may take place through the establishment of public companies and mixed-capital companies, as well as their subsidiaries, which will develop economic activity of production or commercialization of goods or provision of services. It turns out that, under the terms of the CF, only By specific law, the establishment of a public company and mixed capital company may be authorized", he says.
Furthermore, according to the minister, the constitutional text provides that the creation of the respective subsidiaries depends on legislative authorization, as does the participation of any of them in a private company. "As can be seen, the Charter always requires the acquiescence of the Legislative Power to the processes of creating a governmental entity of this type, even if it was created to explore economic activity in the strict sense" he points out. For the minister, allowing the direct sale of shares, in an amount sufficient to lose corporate control of a state-owned company, in a way that makes public competition impossible, could violate the constitutional text.On May 28, the opinion signed by deputy Orlando Silva was approved by the Plenary of the Chamber, and the matter (MP 869/2018 and PLV 7) was submitted to the Federal Senate (through Official Letter M-P ) for voting.