The ministers of TCU (Court of Accounts of the Union) voted for this Wednesday (7) by aarchiving of the process that dealt with a possible irregularity in the mandate of the president of ANATEL (National Telecommunications Agency), Carlos Baigorri.
Minister Jorge Oliveira presented a preliminary case for non-recognition of the representation and archiving of the records, as he understood that the TCU does not have the authority to judge political acts carried out by the Executive Branch and the Federal Senate.
“The review of the act under consideration falls outside the constitutional and legal competences of this court, understanding that the political nature of these appointments is embodied in a complex act, which involves the appointment of the President of the Republic and the manifestation of the Federal Senate in its final activity, in this specific case I have for removing the scope of external control under the responsibility of the TCU”, said Oliveira.
“As the political act of the Federal Senate is not subject to the control of the TCU, the court could not sign the deadline for the Executive Branch to remove the alleged illegality, under the penalty of characterizing, in practice, the vocation of parliament's exclusive powers in evident out of step with the model of external control organization adopted by the Constitution of the republic”, he added.
Jorge Oliveira's preliminary received the support of ministers Jhonatan de Jesus, Antônio Anastasia, Aroldo Cedraz, Augusto Nardes, in addition to substitute minister Marcos Bemquerer. Therefore, the merits of the case were not even assessed by the collegiate.
The process analyzed whether Baigorri could serve an additional five-year term after a two-year period as a member of the ANATEL Board.
According to Regulatory Agencies Law (Law 13.848/2019), the term of office of directors and advisors of entities is limited to five years, without the right to reappointment. Baigorri was elected advisor to ANATEL in 2020 and, in 2022, assumed the presidency of the agency.
The rapporteur of the process, minister Walton Alencar Rodrigues, proposed ending Baigorri's term in 2025, and not in 2027, as expected.
However, Oliveira argued that the issue opened up a divergence of interpretation between those who argued that directors and presidents of regulatory agencies were equal positions, versus those who understood that they were distinct positions.
If the ministers accepted the rapporteur's vision, the decision could impact the mandates of other directors of regulatory agencies, including that of the director general of ANEEL (National Electric Energy Agency), Sandoval Feitosa.
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