A PROPOSAL FOR LOBBY REGULATION IN BRAZIL ACCORDING TO CHILEAN REGULATION

Abstract

This article aims to analyze, in a comparative perspective, the proposed regulation of lobbying and lobbying activities at a more advanced stage in the Brazilian National Congress, Bill No. 1.202 / 2007 (PL 1202) and similar regulations in force in Chile, Law No. 20.730 / 2014. Regarding the content, besides being the first country in Latin America that disciplined the matter, the choice of Chilean regulation was due to the fact that, recently, Brazil, through its Controladoria Geral da União (CGU), has Interinstitutional Agreement on Cooperation in the fight against corruption has been signed with the General Secretariat of the Presidency of Chile, aimed at establishing mutual assistance and collaboration mechanisms of the implementation of measures to prevent, detect and punish misuse of public resources and harmful acts to the State. The comparative analysis will take into account adherence to the main recommendations identified by Transparency International studies for effective lobbying regulation: (a) transparency; (b) participation and; (c) accountability. Comparing the degree of adherence of the Brazilian project and the Chilean regulation to these pillars, this article will conclude by highlighting the author's critical perception of the main changes that will need to be made in PL 1202, if a Chilean-like standard is to be approved, as well as the precautions that will need to be taken by the Brazilian legislator when translating this foreign rule.