Author: Lucas Luciano Kuhn

Abstract:

The study analyzed the regulation of lobbying in Chile through Law No. 20,730 and its influence on the legislative process of Law No. 21,595/2023, which deals with economic crimes. It also compared the Chilean experience with proposals for lobbying regulation in Brazil, especially Bill No. 1,202/2007, with the aim of identifying advances and challenges for transparency and institutional integrity. The methodology adopted was based on a detailed analysis of Chilean legislative documents, academic studies, and news reports, while recognizing limitations in the accuracy and completeness of the official records available. The conceptual discussion on lobbying addressed its origin, definitions, and distinctions between lawful and unlawful practices, highlighting its potential for strengthening democracy when exercised with transparency. Law No. 20,730, a pioneer in Latin America, established the disclosure of interest management, but the study highlighted flaws in its application, especially in data transparency. The legislative process of the Chilean Economic Crimes Law (LDE) proved to be predominantly technical, influenced by academics and public agencies. Despite the resistance encountered, a robust legal framework was consolidated. The research concluded that, although various interest groups were active, the LDE retained its original technical character, resulting in stricter legislation on economic and environmental crimes. The legality of lobbying during the legislative process remained inconclusive due to the scarcity of public and transparent records. In contrast, Bill No. 1,202/2007, under discussion in Brazil, has a broader scope than the Chilean law, as it explicitly states guiding principles, provides for infractions and sanctions, and extends liability to legal entities and politically exposed persons. Historically informal, lobbying in Brazil would benefit from clear regulations capable of promoting transparency and equal access to decision-making processes, strengthening democracy and institutional integrity, even if without completely eliminating illegal practices. Thus, the implementation of precise rules and control mechanisms is seen as an essential step toward formalizing the activity and increasing public confidence.