Change in law opens doors to the centrão in state-owned companies, and must pass in the Senate

The change in the State-owned Law, approved in a flash in the Chamber of Deputies this Tuesday (13), opens the door for the centrão and other representatives of the political class to occupy strategic positions in public companies and in regulatory agencies and, with that, exercise direct influence on them.

The sudden vote took place on the same day that the president-elect, Luiz Inácio Lula da Silva (PT), announced the name of Aloizio Mercadante for the command of BNDES (National Bank for Economic and Social Development).

According to experts, the nomination of the PT conflict with the State-owned Law, which prohibits boards from being composed of members of the party summits or by those who participated in an electoral campaign in the previous three years.

In private conversations, members of the transition team, however, claim that the change in legislation was a demand from politicians and, specifically, from the centrão bloc, because it largely benefits party chiefs and parliamentarians interested in negotiating such posts in exchange for support. .

The changes occur at a time when parties have been demanding positions in the elected government, which sewed a broad front during the campaign and has sought to gain support for votes in Congress —including the PEC (proposed amendment to the Constitution) of Gastança, in the final stretch of proceeding, which foresees an expansion of expenditures of R$ 168 billion per year in the coming years (in addition to other measures).

On the same day of the lightning vote, Lula received the president of the Chamber, deputy Arthur Lira (PP-AL) at his hotel for breakfast. Members of the transition team acknowledge that the processing of the bill was discussed at the meeting. However, they argue that there was no request from the president-elect. They even claim that the announcement regarding Mercadante was not initially foreseen.

The bill that made the State-owned Law more flexible was authored by Celina Leão (PP-DF) and was reported by Margarete Coelho (PP-PI), both close allies of Lira.

Mercadante’s nomination, according to the members of the transition, diverted the focus of public opinion and placed the responsibility for the change in the law on the PT.

Lula’s team has defended that there was certainty about the legality in the PT’s case and that the change in the law was not necessary for the future president of the BNDES. Either way, the change should make his approval for the post more comfortable, and regardless, it has broader policy effects.

Despite the PT arguing that the Mercadante case would be pacified even without changing the law, the party voted in favor of changing the State-Owned Companies Law. Only PSDB and Novo deputies voted against it.

“The change in the State-owned Law is a historic setback. We left an advanced country that has state-owned companies, for a banana republic, whose state-owned companies will serve as a job hanger for defeated politicians and their godchildren”, wrote Senator Tasso on his social networks. Jereissati (PSDB-CE).

“Besides, it’s stupid, because Aloizio Mercadante didn’t need it. As a doctor in economics, without a parliamentary mandate for many years, being only president of the PT Foundation, and not of the Directory, his appointment has room for a positive appreciation of the BNDES Board”, he added.

Some parliamentarians, even opponents, corroborate the argument of Lula’s team.

Currently, the State-Owned Companies Law prohibits the appointment to these positions of people who have acted, in the last 36 months, as a participant in the decision-making structure of a political party or in work related to the organization, structuring and execution of an electoral campaign.

The text approved by the deputies removes the mention of 36 months from the law. In addition, it includes a device that provides that, in order not to be prohibited, the person who has acted in the decision-making structure of a political party or in work linked to the electoral campaign must prove his withdrawal from the incompatible activity at least 30 days in advance of taking office. as administrator of a public company or government-controlled company, as well as members of boards of directors.

The measure still needs to be voted on by senators – the bet is that it will be approved by the majority. This is expected to happen on Thursday (15). The PSDB and Podemos benches must mobilize to stop the measure, but without enough strength to prevent the change in legislation.

understand the change

State-owned law and law on the management of regulatory agencies today:

Person who has acted, in the last 36 months, as a participant in the decision-making structure of a political party or in work linked to the organization, structuring and carrying out of an electoral campaign cannot occupy the board of directors or the board of directors of state-owned companies nor the board of directors or the collegiate board of regulatory agencies🇧🇷

How are both laws with the changes:

These cases are now allowed, provided that the person who has acted in these situations proves that he or she has withdrawn from the activity at least 30 days before taking office.