STATE OWNED ENTERPRISES: 05 YEARS OF THE NEW CORPORATE GOVERNANCE RULES

Autores

DOI:

https://doi.org/10.12662/2447-6641oj.v21i38.p1-17.2023

Palavras-chave:

company, state-owned enterprises, corporate governance, directors and officers, legal requirements and impediments

Resumo

ABSTRACT

Objective: This article intends to address the new Brazilian regulatory environment created by the SOEs Law (Law No. 13,303, of June 30, 2016) which created new corporate governance rules in state-owned enterprises for the election of directors, officers and fiscal council members, with the purpose of protecting the public companies, the mixed joint-stock corporation and its subsidiaries ("state-owned") against any possible (and unfortunately common) political-partisan interference in the appointment of the members of these top-level management positions in the SOEs. The article will also present cases of progress, setbacks, and the future of this new Brazilian legal norm.

Methodology: Review of the bibliography and analysis of judicial and administrative precedents involving the application of new corporate governance rules for state-owned enterprises.

Results: It is possible to conclude that the new corporate governance rules were created by Law No. 13,303, of June 30, 2016 with the purpose of protecting the state-owned enterprises (SOEs) against any possible (and unfortunately common) political-partisan interference in the appointment of the members of the top-level management positions in the SOEs.

Contributions:  From the results found, it is possible to verify: (a) One of the most relevant aspects of the Law No. 13,303, of June 30, 2016 was the creation of academic background, professional experience and professionalization for the top-level management of state-owned enterprises, as usual in the private sector. (b) that the Brazilian Securities and Exchange Commission (CVM) determined the application of the new corporate governance rules for state-owned enterprises; (c) the Judiciary, especially the Federal Supreme Court (STF), can make a relevant contribution if it decides to apply these new rules  of governance corporate in order to mitigate  political-partisan interference in the appointment of the members of these top-level management positions in the state-owned enterprises (SOEs).

Biografia do Autor

Ricardo Lupion Garcia, Pontifícia Universidade Católica do Rio Grande do Sul

Graduado em Direito em 1982. Mestrado em Direito em 2001. Doutorado em Direito em 2010. Pós-Doutorado em Direito na Universidade Clássica de Lisboa em 2013. Coordenador do Centro de Estudos da OAB/RS (03/2013). 

Publicado

2023-08-17

Como Citar

GARCIA, Ricardo Lupion. STATE OWNED ENTERPRISES: 05 YEARS OF THE NEW CORPORATE GOVERNANCE RULES. Revista Opinião Jurídica (Fortaleza), Fortaleza, v. 21, n. 38, p. 1–17, 2023. DOI: 10.12662/2447-6641oj.v21i38.p1-17.2023. Disponível em: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4294. Acesso em: 20 jul. 2024.

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