PRESIDENCY OF THE REPUBLIC SANCTIONS LAW FOR DEBUREAUCRATIZATION OF PUBLIC POWER’S BODIES AND ENTITIES

On October 8, 2018, the Presidency of the Republic sanctioned Law No. 13,726/2018 (”Debureaucratization Act”), which rationalizes acts and procedures of the Union, States, Federal District and Municipalities’ Powers and establishes the seal of debureaucratization and simplification.

The Debureaucratization Act aims to reduce the bureaucracy that exists in public power bodies and entities through the suppression and simplification of unnecessary or overlapping requirements and formalities for which the economic or social cost is greater than eventual risk of fraud.

The main novelties introduced by the Debureaucratization Act are the exemption of notarized signatures, authenticated copies, and presentation of certain personal documents in the dealings with bodies and entities of the Union, States, Federal District and Municipalities’ Powers.

Other important novelties are: (i) a citizen’s ability to prove facts by means of a written and signed declaration, when it is not possible to obtain an official document from the responsible body or entity, for reasons not attributable to the citizen; and (ii) a prohibition to the requirement, by bodies and entities that are part of the of the Union, State, Federal District or Municipality’s Power, for a certificate or document issued by another body or entity of the same Power.

In order to recognize and stimulate the initiatives of debureaucratization created by the public bodies and entities, the Debureaucratization Act also established the seal of debureaucratization and simplification and annual awards to public powers bodies and entities that simplify processes and improve the experience for users of public services.

It is important to note that, by reducing or eliminating bureaucratic obligations, the Debureaucratization Act simplifies citizens’ and companies’ lives and, consequently, reduces the Brazilian Cost (conjoint of structural, bureaucratic and economic barriers that increase investment cost in the country and hamper its development), given that less time and money will be spent on bureaucratic procedures.

Therefore, the Debureaucratization Act symbolizes the beginning of the debureaucratization of the public powers’ bodies and entities, either by adopting non-bureaucratic measures or by encouraging public power bodies and entities to identify unnecessary procedures with unreasonable and exaggerated requirements that appear as bureaucratic excess be eliminated.

The Debureaucratization Act shall enter into force within forty-five (45) days of the official publication (vacatio legis).

Check-out the Law’s complete wording  (here). 

The Corporate Law Department of Kestener, Granja & Vieira Advogados is available to provide any further information required on this subject.

This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados in relation to the matters herein addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.