Government relations—Brazil—Q&A guide
Government relations—Brazil—Q&A guide

The following Public Law practice note provides comprehensive and up to date legal information covering:

  • Government relations—Brazil—Q&A guide
  • 1. What is the basic source of law? Describe the scope of, and limitations on, government power relevant to the regulation of lobbying and government relations.
  • 2. Describe the legislative system as it relates to lobbying.
  • 3. Describe the extent to which a legislative or rule-making authority relevant to lobbying practice also exists at regional, provincial or municipal level.
  • 4. Does the legislative process at national or subnational level include a formal consultation process? What opportunities or access points are typically available to influence legislation?
  • 5. Is the judiciary deemed independent and co-equal? Are judges elected or appointed? If judges are elected, are campaigns financed through public appropriation or candidate fundraising?
  • 6. Is lobbying self-regulated by the industry, or is it regulated by the government, legislature or an independent regulator? What are the regulator’s powers? Who may issue guidance on lobbying? What powers of investigation does the regulator have? What are the regulators’ or other officials’ powers to penalise violators?
  • 7. Is there a definition or other guidance as to what constitutes lobbying?
  • 8. Is there voluntary or mandatory registration of lobbyists? How else is lobbying disclosed?
  • 9. What communications must be disclosed or registered?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to government relations in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: MJ Alves e Burle Advogados e Consultores Advocacy Brasil—Marcos Joaquim Gonçalves Alves; Fernanda Burle; Leandro Modesto Coimbra; Bárbara Rodrigues Lima Teles; Bruna da Cunha Costa Cardoso

1. What is the basic source of law? Describe the scope of, and limitations on, government power relevant to the regulation of lobbying and government relations.

There were no recent and important developments in the Brazilian Constitution and laws regarding lobbying regulation and government relations. Therefore, the activity has not yet been specifically regulated.

In 2019, the new members of the executive and legislative branches who were elected in 2018 did not devote time or speeches to this regulation.

In this scenario, social participation in the decision-making process remains based on the individual rights and guarantees described in the Constitution enacted in 1988, that include freedom of speech and assembly, and the right to petition. The latter establishes that every citizen may submit a plea to the government in order to advocate for their rights and stand against illegalities and abuse of power. These individual rights enable all citizens to exercise free democratic participation in the decision-making process, which is related to lobbying and government relations.

These rights are in harmony with

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