RIO DE JANEIRO, BRAZIL – Bill 4391/21 from the Executive Branch establishes general rules for the private representation of interests with public agents, an activity better known as lobbying. The proposal is pending in the House of Representatives.
According to the government, the text’s objective is to “clarify the private representation of interests, thus enabling greater effectiveness in the repression of reprehensible conducts”.
The regulation of the activity is also a recommendation of the Organization for Economic Cooperation and Development (OECD), an organization that brings together advanced economies and of which Brazil intends to become a member.
The bill defines general rules applicable to all federal entities, public consortia, municipalities, foundations, and state-owned companies, and more specific rules relevant only to the Union.
CONCEPT
The proposal considers private lobbying to be the interaction between a private agent and a public agent intended to influence the public administration’s decision-making process, such as in the formulation of a public policy or the issue of a normative act, such as an ordinance or decree.
A lobbyist can be any person or company that habitually or circumstantially engages in the activity, on their own behalf or on behalf of a third party, with or without remuneration.
The text does not consider lobby to be the occasional contact between public agents and lobbyists that occurs in social situations, except if there is some fact that proves the representation of some interest.
HEARINGS
The project foresees rules about hearings with lobbyists, which must have more than one public agent, and agenda disclosure, including meetings on the internet.
Information about hearings with ministers of state, high-level public servants, and members of congress must be published. States, Federal District, and municipalities must define rules about meetings with local authorities.
The agenda must identify the lobbyists present, their clients, and the interest to be represented. The project foresees that the information must remain public for five years. After that, it will be stored permanently.
GIFTS
The government’s text also foresees rules for the so-called “hospitality” – when the agent travels representing the public body in a private event – and the offering of gifts and presents.
In the first case, hospitality items, such as transportation and lodging expenses, must be related to the agency’s purposes, of a value compatible with the market, and disclosed on the internet.
The text allows gifts and presents as long as they are of low value, delivered publicly, and registered in the legal entity’s books. They also cannot have the objective of improperly influencing the public official’s actions.
The disrespect to these and other lobbying rules subjects the public agent to an administrative disciplinary infraction, punished with dismissal, retirement or availability revocation, and removal from a commissioned or appointed position.
The lobbyist can also be punished administratively. He may be prohibited from participating in hearings, including public ones, for up to five years.
PROCEDURE
The project will be analyzed conclusively by the Committees of Labor, Administration, and Public Service; and Constitution and Justice and Citizenship (CCJ).
With information from Agência Câmara de Notícias
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