The Chamber of Deputies approved this Tuesday (29) a proposal that regulates the exercise of lobbying with public agents of the three Powers, determining transparency practices and regulating the payment of hospitality. The matter goes to the Senate.
The proposal has been pending in the Chamber since 2007 and defines lobbying as a representation of interest to be exercised by a natural person or legal entity through face-to-face or telepresence interaction with a public agent, inside or outside the workplace, with or without prior scheduling.
“Public agents” will be considered both those who exercise a mandate and those who hold a public position, function or employment, whether by appointment, hiring or any means, even transitory or without remuneration.
According to the rapporteur, Deputy Lafayette de Andrada (Republicanos-MG), the text foresees mechanisms that encourage the representation of interests, based on transparency and access to information.
??[O texto] determines the active transparency of the representation of interests carried out with occupants of high-ranking positions of the Three Powers and the Public Prosecutor’s Office, providing for the loss of mandate, job, position or function for non-compliance with the established rules”, said the deputy.
In Andrada’s assessment, the lack of regulation in Brazil is based on prejudices against lobbying.
“Prejudice was created against this word, as if it were something evil, but they are legitimate activities. The representation of interests is republican, it is democratic and it is necessary. When we are here legislating on any subject, it is obvious that we have to listen to the part of society that is involved in the legislation”, he said.
Lobbying does not require specific academic training, association with a body or entity, express mandate, onerous fee or contract for the provision of services. The representation of interest will be characterized when the representative performs activity on a regular basis – which will be expressed when there is a meeting with public agents, more than once, within a period of 15 days or with the same public agent within a period of 30 days.
The text prohibits the offer of good, service or advantage of any kind by a private agent who has an interest in the decision of the public agent. Free gifts, published literary work or the so-called “legitimate hospitality” – which is the offer of a service or payment of expenses with transportation, food, accommodation, courses, seminars, congresses, events and fairs, in whole or in part, by an agent private to public agent, as long as it meets the following requirements:
– the participation of the public agent is directly related to the legitimate purposes of the body or entity;
– the circumstances are appropriate for professional interaction;
– values are compatible, in case the same hospitality is offered to other people under the same conditions;
– the institutional interests of the body or entity to which the public agent belongs are observed and the limits and conditions established in the respective regulations are respected, always paying attention to possible risks to the integrity and image of the Public Power;
– the costing is done through direct payment by the private agent to the service providers
punishments
The text also defines infractions in the activity for both public agents and lobbyists. Situations such as lack of information, embarrassment or harassment of participants are included, in addition to accepting or offering advantages, goods or services outside of what is permitted.
A warning will be applied to the public agent, with a variable fine between 1 and 10 minimum wages, which will be allocated to non-profit entities. The text also provides that, in cases of recidivism, suspension of the server for 30 days will be applied, in addition to a fine. All infractions will be investigated in an administrative process, which may establish resignation, exoneration, revocation of retiree or removal from office in a commissioned position.
For lobbyists, the text provides for suspension of 30 days of activity or 12 months in case of recurrence. The fine for individuals will be between 1 and 10 minimum wages. In the case of a legal entity, the value will be from 0.1% to 5% of the gross revenue for the year prior to the installation of the administrative process.
