Author:

HELGA PAULA PATRÍCIO FRANCO

Abstract:

The lobbying activity is very old, but only in recent years has been studied with more discretion, especially by the negative effect that crimes associated with the relationship between the public and private sector. In countries like the United States, Canada and in Europe the lobbying activity have clear rules. In Brazil there are different initiatives to institutionalize the lobby, some through the Legislative Branch others already under development by the Federal Executive and through the work of the Public Ethics Commission. In parallel, the work of the Association of Governmental Relations Professionals – ABRIG, which seeks self-regulation of the sector and the recommendations of international bodies such as OECD (Organization for Economic Cooperation and Development of American States). The conclusion was that the institutionalization of the lobby is distinguished from the regulation of lobbyists work. The first is already backed by the constitution. For the regulation of professional practice, two bills and some draft resolutions are under analysis by the House of Representatives. It is understood this subject could not be regulated by federal law because of the violation of the Constitutional Principle of Separation of Powers. The legal framework would be regulation from the Legislative Branch in order to establish boundaries for the lobby activities since there is already a respectable number of standards, especially in the Federal Executive Branch; self-regulation is presented as the best chance because it nears the professionals, and represents a major step in reversing the negative “stereotype” of lobbyists.