Regulamentação do lobby: meio para aperfeiçoar a democracia brasileira?

Abstract

The present work seeks to investigate a phenomenon little studied in Law, the lobby. This activity will be examined through an agonistic understanding of democracy, which believes that the fundamental element of this form of government is pluralistic conflict. To do so, the work will provide considerations on this view of democracy and point to the existence of a fragile consensus around the Constitution. Next, the dissertation will present a concept for lobby and address the topic immediately related to Law, namely, its regulation. At this point, it will discuss the history of regulation, its difficulties and consequences. Next, considerations will be brought about the constitutional principles most directly related to lobby and its regulation (transparency, equality, and efficiency), highlighting that a democratic regulation of lobbying will seek to comply with these constitutional principles. So, the paper will address issues related to the regulation of lobbying in the Legislative and Judiciary branches of government. Finally, this paper will seek to answer whether the regulation of lobbying can promote a democratic increment in Brazil.