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There are 29 class councils in the country today, the main ones being the Brazilian Bar Association (OAB), the Federal Council of Medicine (CFM) and the Federal Council of Engineering and Agronomy (Confea)
Paulo Guedes, Minister of Economy, sent to Congress a proposal to amend the Constitution (PEC) that ends, in some cases, with the mandatory registration of workers in professional class councils. The PEC also transforms the legal nature of these entities, which cease to be public and become private. PEC 108/2019 began processing on Tuesday, July 9.
“The law will not establish limits to the exercise of professional activities or obligation to register in a professional council without the absence of regulation characterizing a risk of concrete damage to life, health, safety or social order”, says the text of the PEC.
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The document does not specify which entities will be affected by the changes. There are 29 class councils in the country today, the main ones being the Brazilian Bar Association (OAB), the Federal Council of Medicine (CFM) and the Federal Council of Engineering and Agronomy (Confea).”
“The proposal also provides that professionals enrolled in the councils are subject to the rules of labor legislation. In justifying the PEC, Guedes says that the objective of the law is to eliminate “obstacles to the economic and social development of the country” and the “risks of bureaucratization”.
Among the main points of the document is the change in the legal nature of professional councils, which are no longer autonomous bodies belonging to the public administration and become private non-profit entities.
Currently, professional councils are treated by doctrine and jurisprudence as autarchies, although they have an organization more similar to that of private entities. According to the government, the jurisprudence of recent years has given discordant understandings about the legal nature of the councils and the law comes to fill a “constitutional gap”.
Criticism of the change in professional councils
The president of the Council of Architecture and Urbanism of Brazil (CAU-BR), Luciano Guimarães, criticized the new legal nature of the councils, as it will prevent entities from inspecting and applying penalties to their members.”
“According to Guimarães, the law should guarantee the councils “effective powers of supervision, guidance and discipline of the respective profession, including the power to prosecute in cases of violation of professional legislation and to apply and charge fines”.
The rule that exempts enrollment in professional councils is, for the president of CAU, a step forward: “The PEC does not propose to end enrollment in professional councils; intends that this registration be restricted to cases in which the absence of regulation characterizes a risk of concrete damage to life, health, security or the social order”. According to Guimarães, the non-compulsory nature “avoids the proliferation of regulated professions, with the imposition of market reserves when collective interests such as life, health, security or social order are not present”.
In a note, the OAB informed that it is making a technical and legal analysis of the PEC. Confea said it will not manifest itself. The Federal Council of Nursing and the Federal Council of Veterinary Medicine. These entities did not take a stand.”
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