Author:

Lucas Luciano Kuhn

Abstract:

The work sought to analyze the regulation of lobbying in Chile, through Law 20.730, and its influence on the legislative process of Law 21.595/2023, which deals with economic crimes. Furthermore, the study compared the Chilean experience with proposals for lobbying regulation in Brazil, specifically PL 1202/2007, aiming to identify advances and challenges for transparency and integrity. The methodology employed consisted of an in-depth analysis of Chilean legislative documents, academic studies, and journalistic reports, despite some limitations in the accuracy and completeness of official Chilean records. The conceptual discussion of lobbying highlighted its origin, definitions, and the distinction between lawful and unlawful practices, emphasizing its potential to strengthen democracy when exercised with transparency. Chilean Law 20.730, a pioneer in Latin America, established the publicity of interest management, but the study revealed flaws in its application, especially concerning data transparency. The legislative process of the Chilean Economic Crimes Law (LDE), in turn, proved to be a technical effort influenced by academics and public bodies, facing resistance but consolidating a robust legal framework. The research concluded that the Chilean LDE, despite the involvement of various interest groups, maintained its original technical character, resulting in a more rigorous legal framework for economic and environmental crimes. The legality of lobbying during this legislative process remained inconclusive due to the scarcity of transparent records. In contrast, the Brazilian proposal (PL 1202/2007) proved to be more comprehensive than the Chilean law by explicitly stating guiding principles, detailing infractions and sanctions, and extending responsibility to legal entities and politically exposed persons. Lobbying in Brazil, historically informal, would benefit from regulation, which would promote transparency and equal access, strengthening democracy and institutional integrity, although it would not guarantee the complete eradication of unlawful practices. The implementation of clear rules is seen as an essential step to formalize the activity and increase public trust.