O lobby no direito brasileiro: fundamentos e limites ao exercício da atividade

• Ano de defesa: 2015
• Autor(a) principal: Bonelli, Francisco Sérgio Oto Souza
• Orientador(a): Grotti, Dinorá Adelaide Musetti
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Atividade; Fundamentos; Limites; Regulamentação
• Palavras-chave em Inglês: Lobby; Activity; Legal Grounds; Limits; Regulation
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/6742

This dissertation is dedicated to the lobby analysis, focused on its practice (lobbying) and its regulation in Brazil. Therefore, at first, its origins are studied, followed by a comprehensive analysis of the lobby term and concepts taken from the areas of Political Science and Legal, highlighting the presence of interest and pressure groups and the fact that the term carries a burden of pejorative (used as a synonym of corruption). Second, the regulation of lobbying is studied based on the United States experience as the country was the first to promote its regulation mainly on the analysis of the Federal Regulation Lobbying Act (1946) and the Lobbying Disclosure Act (1995), and its amendments, as well as it is traced an overview of this regulation (areas, more frequent lobby types and costs of the activity). Then lobby is studied in Brazil, taken in its identification on the national scene, its areas and types of lobby more commonly practiced (trade unions, NGOs, companies). Understood as a right (to lobbying: a rights sum - association, freedom of speech and petition, among others - that allows the free exercise of [paid or unpaid] activity of representing interests of a particular group in order to influence decision-making) and its exercise (lobbying) as the ultimate expression of its concreteness, is broken down its content (object of the regulation). In order to give a legal basis to the right and lobbying activity, the Federal Constitution is scrutinized and some others international conventions are studied. Just like any other activity, the lobbying must obey certain shaping parameters (limits), grounded on guiding Principles of Public Administration, and be subjected to sanctions and penalties in order to combat illicit lobby and lessen the burden of pejorative that the term carries. Finally, found that the attempt to regulate lobbying is old, some legal proposals that resulted frustrated are analyzed, as well as the PL Nº 1.202/07, proposal under discussion in the National Congress, whose content is open to criticism and recommendations in the light of what is meant by the right to lobbying and believed to what may be included in the regulation of a Brazilian "Lobby Law"