Having freedom of motion within the highest spheres of Brazil, lawyer Lirian Souza Cavalhero attended a listening to earlier than the Federal Supreme Court docket (STF) on June 2 when she defended orally – “The benefit of negotiations over statutory ones“. “It was a victory for many who battle for the rights of the Brazilian commerce unions, which can give constitutional energy to the tedious annual negotiations, respecting their clauses,” he wrote on his Instagram account.
Going again a bit, on Might 25, Lirian was within the Chamber of Deputies, taking part as a panelist “Financial freedom and tax reform and affect on the catering business“. Along with these institutional commitments, Lirian, who holds a Masters in Regulation from UCB, is a associate at Ope Legis Consultoria Empresarial and a authorized advisor to a number of courses of entities and firms, together with the Brazilian Federation of Lodging and Meals – FBHA, the place he excels as a solicitor.
To search out out extra about this skilled’s perspective and profile, DIÁRIO interviewed her:
DIÁRIO – As authorized advisor to FBHA, a big employers’ affiliation, what are the important thing points in your small business?
As we work on the nationwide degree, our key points are creating laws that advantages the business, avoiding people who do hurt for no motive (which sadly is almost all), and defending constitutional powers – legislative, govt and judicial. – all of the essential issues within the area of lodging and meals away from house, all the time allowing for the maxim that so as to have a job, there have to be an organization.
So we’d like corporations which might be organized and meet their obligations, with essentially the most clear and more cost effective parameters doable. Our position as an entity is all the time to hunt authorized certainty for the enterprise within the business.
DIÁRIO – As an expert, how do you see the Common Tourism Regulation – LGT?
It is among the most essential legal guidelines in a rustic during which I had the privilege to take part since its inception whereas nonetheless within the Government Workplace, after which permitted by the Nationwide Congress inside 3 months, after which I revealed the guide “Feedback on the Common Tourism Act (Act No. 11.771) of 17 September 2008 and Authorized Proposals for Rising Tourism in Brazil ”, which is now in its second version, in collaboration with Norton Luiz Lenhart, by the editors of the Nationwide Confederation of Commerce in Items, Companies and Tourism – CNC.
See that regardless of the dimensions of the regulation, even when it was revealed, because the tourism business may be very dynamic, we already had a proposal for adjustments. And in the mean time there’s a invoice within the Federal Senate, which proposes a number of adjustments that must be urgently launched.
And the sector nonetheless has to work with new applied sciences, be it in its actions or typically in predatory competitors.
DIÁRIO – What are the essential authorized factors in your analysis on the so-called “Brazilian value”?
The details are to respect negotiations to the detriment of the regulation within the areas of labor and contracts; respecting the precept of free enterprise, decreasing paperwork and clear rules within the obligatory areas. All of those factors try for authorized certainty that generates predictability for corporations and buyers.
JOURNAL – The phrase “paperwork” is normally pejorative. Is there any solution to disenchant this commonsense studying?
The issue is an extra of paperwork, in fact there are sectors that require regulation and protocol guidelines in all nations, and it might be no totally different in Brazil.
Our downside is that there’s an excessive amount of paperwork right here, as a result of the state in any respect ranges regulates and interferes with areas that belong to the non-public sector, not the general public.
DIÁRIO – Is the Common Information Safety Regulation (LGPD), in pressure since September 2020, already having tangible results on Brazilian society?
Sure, it has penalties, and these are obligatory, as a result of the best asset in in the present day’s world is private information and have to be handled with warning, not uncritically, as is the case in each nation.
Traditionally, information safety laws was born within the Nineteen Seventies, together with German regulation, often called the Private Information Safety Act of the federal state of Hesse, and virtually all of the foundations of the later laws are primarily based on a precept very developed in German doctrine, i.e. informational self-determination of individuals, information topics as a result of the information belongs to a person and to not the businesses that personal it or the federal government.
Due to this fact, this one is of basic significance and have to be handled with all obligatory care, and if we had been to speak about it, I might give a brand new interview.
DIÁRIO – How is the LGPD utilized within the hospitality business?
The Federation, conscious of its significance on this state of affairs, mentioned this situation from the very starting, on the Nationwide Congress in addition to on the Nationwide Information Safety Workplace, bringing data and solutions for standardization in any respect levels.
Having the chance to emphasise their work as a authorized advisor specializing in public solutions and hearings, lots of them have adopted, within the Regulation on the Management Course of and Administrative Sanctions Course of within the scope of the Nationwide Information Safety Authority and the Regulation on the appliance of LGPD, for information processing brokers.
DIÁRIO – Is digital know-how and associated sources already influencing authorized progress?
Sure, in the present day the overwhelming majority of processes are digital, the federal authorities has already digitized over 70% of administrative processes and now we have many techniques that use synthetic intelligence in authorized procedures to optimize the every day work of the regulation agency.
DIÁRIO – What prompted you to decide on regulation research?
In truth, regulation and a authorized profession centered on advocacy is a ardour that all the time prompts you to always examine and seek for new options to present issues, in addition to anticipate future issues. My selection resulted from this versatility and fixed seek for data, all the time forward of my time.
DIÁRIO – Please summarize what you consider the social position of a lawyer in Brazil.
In Brazil, the social position of the lawyer is so essential that it’s offered for in Artwork. 133, which says: “A lawyer is indispensable to the administration of justice, and his deeds and manifestations within the apply of the occupation and inside the regulation are inviolable.” So, for justice to reign in Brazil, it is going to solely be doable via the motion of a lawyer. Recalling that traditionally attorneys have existed as such since historical Greece, and maybe earlier, as a result of in our historical past there’s all the time somebody who defends the rights of others.
JOURNAL – It’s typically mentioned that Brazil has good legal guidelines that aren’t all the time enforced. In that case, the place will the nodes be?
Brazil’s downside is that we copy many legal guidelines from different nations, however we don’t have in mind our society, customs and customs, and our diploma of growth. One other downside is the surplus of laws, which makes it tough for the general public to know which rights must be obeyed, therefore the excessive degree of litigation within the nation.
Who’s our interlocutor? LIRIAN SOUSA SOARES CAVALHERO holds a Grasp’s Diploma in Regulation from UCB, is a associate at Ope Legis Consultoria Empresarial, authorized advisor to numerous skilled and company entities working nationally. www.opelegis.com.br.