Projeto muda regras de vacância em diretorias de agências reguladoras

Diretores de agências reguladoras poderão ficar por até mais um ano no cargo enquanto aguardam a indicação e a sabatina de seus sucessores, caso seja aprovado projeto com este objetivo (PL 4.562/2020). Autor da proposta, o senador Marcos Rogério (DEM-RO), que é presidente da Comissão de Serviços de Infraestrutura (CI), argumenta que a mudança na legislação impedirá a paralisação das atividades das agências por falta de diretores.

O texto modifica a Lei 9.886, de 2000 para permitir que o membro do conselho diretor ou da diretoria colegiada da agência reguladora permaneça no cargo por mais um ano após a expiração de seu mandato ou até a posse de seu sucessor, o que ocorrer primeiro — atualmente, o mandato temporário não pode ultrapassar 180 dias. Se depois de um ano o sucessor não tiver sido empossado, o cargo será assumido por um interino integrante da lista de substituição estabelecida em lei.

Marcos Rogério diz que a proposta aprimora o mecanismo da lista de substituição, estabelecido em 2019, dotando-a de maior legitimidade, a exemplo do que ocorre em agências reguladoras nos Estados Unidos e em Portugal. Por seu projeto, somente conselheiros ou diretores titulares poderão assumir a função temporária de presidente, diretor-presidente ou diretor-geral de agência reguladora.

Com isso, preserva-se o espírito de redução do déficit democrático, próprio do modelo regulatório, na medida em que o diretor ou conselheiro com mandato estendido, ao menos, já foi submetido no passado ao processo técnico-político de indicação e aprovação pelo Senado Federal. Na eventualidade de expiração desse mandato estendido, adotar-se-ia o mecanismo da ‘lista de substituição’”, afirma o senador.

Agência Senado (Reprodução autorizada mediante citação da Agência Senado)

Fonte: http://www12.senado.gov.br/noticias/noticias/materias/2020/10/29/projeto-muda-regras-de-vacancia-em-diretorias-de-agencias-reguladoras
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