President Luiz Inacio Lula da Silva (PT) is facing obstacles in trying to replace the government adviser in the Eletrobras (ELET3). As a result, he asked the attorney general of the Union, Jorge Messias, to reinforce the request made to the Federal Supreme Court (STF) to review the company’s privatization model.
The information was revealed by the column Panel SA, of the newspaper Folha de S. Paulo. According to the publication, Lula sent a letter to the Advocacy General of the Union (AGU), on Monday (5), reporting the difficulties he encountered when trying to change the government adviser at Eletrobras.
“With the inauguration of a new government cycle, it is only natural that the elected government has the possibility of appointing a trusted person to represent its interests in the company. The company, however, obliges the Union to keep a representative of the trust of the previous management”, said Lula in the document.
According to the column Panel SA, Eletrobras clarified that there is no seat exclusively reserved for a specific shareholder, and that the choice or removal of representatives occurs through an Extraordinary General Meeting, in which a slate is elected.
The TCU manifestation will be forwarded to Congress, responsible for judging the accountability of the former president.
Lula challenges Eletrobras privatization law
In early May, President Lula, through the AGU, filed a Direct Action of Unconstitutionality (ADI 7385) at the STF contesting provisions of the Eletrobras privatization law that reduced the Union’s voting power.
According to the AGU, although the Union remains the company’s largest shareholder, after the privatization in 2022, its political rights were diminished by the measure.
Law 14,182/2021 establishes that no shareholder or group of shareholders may have votes in excess of 10% of the company’s total voting shares.
In the action, the AGU argues that the immediate application of this rule to shares held before the privatization process represents a significant loss to equity and public interest, since the Union owns about 42% of common shares, but does not have proportional votes. to that participation.
Therefore, it requests an interpretation that restricts the application of the rule only to voting rights related to shares acquired after privatization.
According to the AGU, the measure was aimed at “dividing” the shares, preventing Eletrobras from being controlled by economic groups that could divert it from its objectives of social interest. However, in practice, the Union’s political powers in the company were indirectly expropriated.
ADI was assigned to Minister Nunes Marques for analysis and judgment.
Source: Moneytimes
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