O impacto da lei nº. 13 303 2016 na governança corporativa das empresas estatais do município de São Paulo

Abstract

The advent of the State Owned Companies Law (Law No 13 303 2016 initially led to a public frenzy for greater corporate governance of state owned companies In the context of issuing the norm in which the media spotlight fell on the alleged practice of illicit acts, such as corruption by public agents working in federal state owned companies it was argued that a radical reform in the corporate governance of state owned companies was essential, in all federative entities Following the publication of this standard, other subnational federative entities, such as the Municipality of São Paulo, edited their legislation and sought to adapt to the dictates of federal regulations However, despite the theoretical discourse announced when the standards were published, significant practical difficulties were seen day after day when contrasting the legislator's expectations with the practical reality of these companies' operations The perception that existing governance mechanisms may not be sufficient to give material concreteness to standards is still very strong and is supported by repeated reports of political use of state owned companies, contrary to a perspective of technical action This thesis, therefore, seeks to assess whether there is a corporate governance structure in state owned companies in the Municipality of São Paulo, how it works, whether it adheres to legislative commands and whether these structures are sufficient or whether they depend on the introduction of a new governance culture changing the mentality of the public agents involved, based on the hypothesis that, although such a governance structure exists in the exact terms provided for in the legislation, it is not endowed with formal quality To answer these questions and assess the validity of the hypothesis, the deductive method is adopted and an analysis is carried out of the structures specifically adopted by the state owned companies in the Municipality of São Paulo, which are mandatorily subject to Law no 13 303 2016 collected from information made available in public bodies and compared with responses collected from directors of these institutions, demonstrate the veracity of the perception in question and propose alternatives that can be adopted by the Executive Branch to give greater real effectiveness to the standards they aim to to ensure the governance of state owned companies At the end of the thesis, based on the data collected, the validity of the proposed hypothesis was verified, considering that the state owned companies in São Paulo, although they effectively created corporate governance structures, were not successful in developing mechanisms and strategies capable of providing material concreteness to the founding principles of corporate governance, notably from the perspective of agent responsibility and effective accountability and, regarding transparency, this still has ample room for improvement