The Federal Supreme Court (STF) decides on Thursday (6), whether the federal government can authorise the privatization of public companies without the endorsement of the Congress. The vote, which began on Wednesday afternoon (5), obtained a tie with a total of four votes.
In practice, the plenary examines the inaction issued by Minister Ricardo Lewandowski in 2018, which prohibited the sale of state without evaluation of the legislature. The decision also reaches state governments and prefectures.
The first rapporteur to vote was Lewandowski, who maintained a position contrary to the sale of state without endorsement of the Congress and defended the need for bidding. Edson Fachin was according to Lewandowski and voted for the authorization of the legislature for the privatization of public companies.
The Ministers Alexandre de Moraes and Luís Roberto Barroso voted for the autonomy of the sale of state. During a vote, Moraes stressed that, in his view, the state cannot lose the controlling interest of the parent company (Petrobras, for example). "In my view, it is the only limitation," he said. In relation to the subsidiaries, the minister argued that he sees the need for only a generic law to be privatized.
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