DA DESNECESSIDADE DE AUTORIZAÇÃO LEGISLATIVA PARA ALIENAÇÃO DAS SUBSIDIÁRIAS E CONTROLADAS DAS EMPRESAS PÚBLICAS E SOCIEDADES DE ECONOMIA MISTA

Abstract

The Federal Constitution of 1988 does not expressly provide in its text on the need or not for legislative authorization for the disposal of State-owned subsidiaries and controlled companies, creating a regulatory gap on the subject. In view of this need, this monograph aims to answer the following question: is legislative authorization necessary for the sale of subsidiaries and controlled companies of Public Companies and Mixed Economy Societies? For that, it was used the commented legislation, scientific articles, academic texts, doctrines, and jurisprudence. The result of the survey indicates that it is possible to dispose of State-owned subsidiaries and controlled companies without the need for legislative authorization, since it refers to a readjustment of the State-owned companies' portfolio for a more efficient reinvestment. Furthermore, it was found that the requirements of corporate governance system must be followed, and they are provided in Law n. 13.303/2016 and Decree n. 9.188/2017.