Wellington Moreira Franco, former Minister of Mines and Energy in Michel Temer's government and advisor to Fernando Henrique Cardoso, says that the transition needs to happen with a “harmonious spirit” and joint work, to improve the country's situation. “It is urgent that political leaders understand, whether from the Executive, Legislative or Judiciary, how this polarization does not contribute to taking Brazil out of this economic crisis, which has lasted a decade.”
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Moreira Franco he helped with the transition team of the Fernando Henrique government in 2002, after Lula's first victory, considered an example of collaboration. It was the first carried out after the regulation of the law, which took place in the same year and was successful.
Moreira Franco considers recent statements by Bolsonaro to state that he has given indications that he “will not create problems” during the transition to PT. “Lula must also work for a peaceful transition. And it is urgent that our country is pacified. People will continue to have their ideological political positions, but respect the opinions of others. Which is fundamental, because ideology does not generate jobs or promote growth.”
How does it work?
According to the law, the elected government must have access to confidential information available on the Transition Portal and in the so-called Planning White Book, which summarizes the main actions carried out by the ministries.
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If the current government refuses to provide any information to the new elected official, public servants may be punished by the courts for disobedience, says the president of the Brazilian Institute of Administrative Law, Cristiana Fortini.
“The law was made at a time of antagonism between PT and PSDB, thinking about the moment of more civilized transition, to avoid rupture and discontinuity between different governments, making it possible to access important information so that the president who takes office can exercise his power. position,” he said.
Professor at the São Paulo Law School of Fundação Getulio Vargas, Carlos Ari Sundfeld points out that, if there is any impasse in the current administration, such as refusal to appoint civil servants, the transition team can go to court. “Failure to comply with a court order is a crime and can lead to the arrest in the act of those who refuse to comply, according to the regime in relation to the transition of government provided for by law.”
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Source: Estadão Content