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...

Government relations—Brazil—Q&A guide

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: March 2021).

Authors: MJ Alves & Burle Advogados e Consultores—Marcos Joaquim Gonçalves Alves; Fernanda Burle; Leandro Modesto Coimbra; Bárbara Rodrigues Lima Teles; Bruna da Cunha Costa Cardoso; Pedro Avellar Villas-Bôas

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 have been 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 September 2020, the government's leader in the House of Representatives said he intended to include the subject for voting by the end of the year as a priority on the government's agenda. Alongside that, the Comptroller General defended that the Executive Branch must present a new bill, criticising the text that is being processed in the House (Bill 1202/2007). He stated that Bill 1202/2007 'excludes people who are unable to be represented' and should be improved with regard to the transparency of meetings and information.

Despite the above, no concrete action has been taken regarding lobbying regulation until now.

Social participation in the decision-making process continues to be based on the individual rights

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