Brazil’s ongoing steps to cut down on bureaucracy: comments on Law nº 13.726/2018

By Marcelo Mazzola & Rafael Carvalho Rezende Oliveira

According to The World Bank, in “Doing Business 2019” research, Brazil is ranked 109th out of 190 countries in “business ease” rank, that considers many criteria, such as time spent for starting a business, taxes payment, getting construction permits, property registration, international commerce, among others.

Such bureaucratic procedures, besides other issues, prevent economic development and job creation.

However, last November 23th, came into force the Law nº 13.726/2018, which tries to reduce the bureaucracy and simplify the relations between citizens and the public administration. In that sense, the said law dismisses expressly:

a) Certification of signature: the public agent will be able to draw up the authenticity up in the document itself by comparing the signature with the one in the subscriber’s document or, being the signatory present, signing the document before the agent. In other words, it will no longer be required notarization in motions, requirements and powers of attorney presented in public attorney’s office, state or municipal revenues offices and city halls.

b) Certification of a document’s copy, allowing the public agent to certify its authenticity after comparing the original and the copy. Some General Registry of Properties, for example, requires the presentation of the authenticated lease agreement for its registration. It will no longer be necessary.

c) The presentation of the user’s personal documents, which will be replaced by an authenticated copy by the public agent themselves.

d) Presentation of birth certification, which will be replaced by identity card, identity document issued by a regional council of professional inspection, employment record booklet, military service provision/exemption certificate, passport or civil servant ID, issued by a government department. Thus, it will no longer be required, for example, the birth certificate for obtaining marriage licenses formalities at the Civil Registry of Natural Persons. Also, the document will not be necessary for the registry and acquisition of the Unified Public Health System (“SUS”) card.

e) The presentation of electoral card, except for vote or run for an office. For passport issuance, it is usual to be required the presentation of the document. From now on, it will not be necessary.

f) The presentation of parents’ approval with the notarized signatures for a minor to travel. If the parents are present, the simple authorization will be enough, dismissing the notarization requirement.

It is expected that such alterations will simplify the procedures and improve the relations between citizens and the public administration.

Rafael Carvalho Rezende Oliveria is a lawyer and founding partner in Rafael Oliveira Associated Lawyers office.

Marcelo Mazzola is lawyer and partner in Dannemann Siemsen.