Regulation Of Lobbying In Brazil – Recent Developments And Prospects

Author:Mr Felipe De Paula
Profession:Levy & Salomao Advogados

The Brazilian House of Representatives approved on December 19, 2017 a fast-track procedure for the Draft Bill (PL) nº 1202/07, which aims to regulate lobbying activities in Brazil.

Other draft bills currently before the Brazilian Congress also discuss the regulation of lobbying activities - including a proposal for constitutional amendment (PEC) which would allow interest groups to suggest amendments to draft bills. PL nº 1202/07, however, is the one with highest likelihood of approval.

All existing draft bills are based on the assumption that the relationship between representatives and the constituency is inherent to democracy. Proposing and defending interests are rights of the represented, while listening to them and managing pressure groups are duties of the representatives. It is the lack of limits and/or the adoption of unethical or even illegal initiatives that undermine this relationship. A central challenge for the legislator, therefore, is to define limits for the activity when performed in a professional and regulated mode and also to establish standards for transparency and traceability.

The debate around the regulation of lobbying activities in Brazil revolves around two complementary paths. The first one focuses on the relevant professionals and involves many rules such as those relating to the registration of professionals and companies, quarantine periods for certain public agents, periodic reports, accountability rules, strict limits to gifts and hospitality practices, and strict codes of conduct. The second...

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