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Doria and the former secretaries go to Lyde under a rule vacuum for conflicts of interest

Lead denies any conflict of interest, saying the positions are advisory and unpaid.

Joelmir Tavares
Sao Paulo-SP

Ex-governor Joao Doria and the secretaries who worked with him in the government of Sao Paulo, Lide, founded by ex-Tucan, have been announced as consultants after leaving public administration, which, according to experts, opens the discussion to the risk of a conflict of interest.

State law is silent on mandatory quarantine for government agents who migrate to the private sector, unlike the federal norm. It was revealed about the departure of two state secretariat holders to the company while they are still working in the government.

Lead denies any conflict of interest, saying the positions are advisory and unpaid. The government, repeating the loophole in the regulation, says that in these cases state law does not set any restrictions.

Five specialists in the fields of public law and ethics heard by Folha de S.Paulo consider the situation problematic, but confirm that the state guidelines do not set a minimum period of leave, which they understand as a disadvantage.

A quarantine is established to prohibit, for example, the use of privileged government information in private business.

The 2014 Code of Ethics for the State Public Administration states that all agents of the São Paulo government “must be guided by ethical standards” and uphold the principles of the Constitution, such as legality, impersonality, morality, publicity and the public interest.


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The only mention of a conflict of interest is a general recommendation to avoid it. In short, the code does not detail what an employee is prohibited from doing in office and does not set rules after leaving office. Complaints must be analyzed by the General Ethics Committee.

A 2013 federal executive law prohibits a person from serving or accepting a position, including a directorship, in a company that operates in the area of ​​his or her former position within six months of being fired. The Public Ethics Commission should be consulted to clarify whether there is a restriction or not.

In addition to Doria, who returned to Líde after resigning from the government, the company announced the entry of former secretaries Henrique Meireles (Finance) and Rosiel Soares (Education) and current secretaries Fernando José da Costa (Justice) and Sergio Sá Leitao (Culture). ), appointed by Doria and served by Rodrigo Garcia (PSDB).

The arrival of Ivan Lima, Executive Secretary of the Center for Racial Equity for Socio-Economic Development, a government-related commission, was also reported. Lima is not a civil servant, but he has already been appointed as a representative of the state authority in the commissions.


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All are volunteers, according to Lide. Doria and Meireles are part of the “advisory board” (the highest advisory board of the group structure). Both were announced in June, about two months after leaving the government, and the works started on July 1.

Other past and present Secretaries have been invited to fill vacancies on the Lead Management Committee with functions related to the subject of their portfolios in public administration.

Rossieli, Costa and Sá Leitão will coordinate the fields of education, justice and culture respectively. Lima will answer for the racial equality section.

Regarding the former governor, the São Paulo legislation is also silent about the quarantine. If the rule of the president of the republic was applied, he would have to take a six-month vacation.


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Doria officially resigned from the leadership of his business group after becoming mayor of São Paulo in 2016 and returned to Lide after failing to run for president.

Founded in 2003, Lide has become known for promoting events with businessmen, investors, politicians and authorities. The meetings have been criticized for alleged lobbying, which the company denies.

The role of lobbyists is not regulated in Brazil. For this purpose, the bill was approved in November in the Chamber of Deputies and passed to the Senate.


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The conflict of interests has subjective and special features, according to experts. Two of the interviewees asked to remain anonymous because they were members of state and federal ethics commissions.


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The general assessment is that there is a “gray zone” and that movement deserves attention. Potential investigation or punishment would be limited by the regulatory vacuum and would only occur in the event of a substantiated complaint.

However, for Vera Kemim, a constitutional lawyer and Master of Public Law from FGV, there are elements to transposing the federal rule into a hypothetical process.

“It will depend on the interpretation of the judiciary. In my opinion, it is a case of legal uncertainty. Because these are constitutional issues and state law is deficient in providing for those who leave office, the principle of analogy must be applied and the substance of the federal regulation used,” he says.

Guilherme Siqueira de Carvalho, who studies corruption and ethics at the University of Pennsylvania (USA), says that the absence of remuneration “may mitigate the conflict of interest, but it is not enough to eliminate the concern” because “private interest can. manifest in other problematic ways.

For Marilene Matos, a lawyer in the administrative and constitutional spheres, “even if it does not comply with strict rules, the fact that public agents are so quick to buy a company already scrutinizes their actions.”

Specialists mentioned the nature of Lide’s activity as a complicating factor. Everyone spoke theoretically, because there is no evidence of violations.

Lead denies a conflict, and the government says the law places no restrictions. Lead says there is “no conflict of interest” in the activities of its management committee, which is “advisory without remuneration of any kind” and “supports initiatives”. in content curation, not business.”

The company claims that Doria and Meireles left their public careers in April, and that Costa, Sa Leyta, Rossielli and Lima “will officially start their careers in January 2023, when they will no longer have public ties”.

“Lide does not lobby. It is an independent, non-partisan, multi-sectoral and multilateral group. It has been operating with integrity for 20 years, ethically promoting dialogue and debate on relevant economic and social issues.”

The government stated that “the law on civil servants and political agents of the State of São Paulo does not impose any restrictions on the professional activities of former secretaries after leaving office”.

Counselors for Doria, Costa and Sá Leitão did not comment further on Lide and the government.

Meireles stated that his role in the company is not executive. “I’m just a member of the advisory board.”

Rossielli said he has not held public office for more than seven months since April, and that “his assignment to this council is advisory in nature to suggest topics” and includes “technical competence without any authority in the field. business or agreements”.

Lima stated that she has no affiliation with government, and that her role at Lyde will be voluntary and advisory to “support content preservation initiatives on racial equality.” He, like Rosiely, ran for PSDB federal deputy and was not elected.

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