A regulamentação do lobby no Brasil: entre o realismo pessimista e o mito macunaímico

Abstract

This dissertation analyses the lobbying activity and the challenges that arise to regulate it in Brazil. It starts going through the origins and possible meanings of word "lobby" and the understanding of the persona of the lobbyist and his/her field of activity. It will address the fact that some behaviours (attributed to pressure groups, lobbyists and public agents) occur in a moral and legal grey area, frequently being considered acts of corruption. This explains why many people point to the importance of having a specific regulation, aiming to set clear boundaries to lobbying, providing judicial certainty to the activity. This is contingent, however, on a more realistic theoretical and normative approach, grounded on an interdisciplinary and comparative reading, methodologically fit for the Brazilian context. A more sceptical approach to Project of Law n. 1,202/2007 – the main legislative proposition on the matter, albeit arguably drafted in accordance with a tradition of dogmatic short sightedness – is therefore recommended. Once the existing normative framework and propositions presented for discussion are drawn, the conclusion addresses the above referenced Project of Law, aiming to underline its frailties and to propose amendments to its wording.