The Minister of the Federal Supreme Court (STF) Ricardo Lewandowski decided this Thursday (16) to suspend part of the State-owned Law, a norm approved in 2016 to prohibit appointments of people directly linked to governments and with direct connection with political parties to the board of directors of public companies.
In the decision, the minister suspended the section of the norm that prevented ministers of state and state and municipal secretaries from acting on the boards and boards of directors of state-owned companies.
Lewandowski also stated in the decision that the nomination of people who still participate in the decision-making structure of parties or who have work linked to political parties and campaigns remains prohibited.
The constitutionality of the law was being judged this week in the virtual plenary of the Court, but Lewandowski complied with the preliminary request made by the PCdoB, author of the action, after a request for a view made by Minister André Mendonça to suspend the judgment.
In the decision, the minister said that the law restricted nominations for state-owned companies.
“Despite the well-intentioned intentions of the legislator in this regard, the State-Owned Companies Law, by all indications, went far beyond the limitations already established in the legal system, creating hypotheses for prohibiting the choice of administrators, which function as an absolute impediment to the appointment “, he wrote.
The preliminary injunction is valid, but will be taken for final judgment in the virtual plenary of the Court. The date has not yet been set.
