Having freedom of motion within the highest spheres of Brazil, lawyer Lirian Souza Cavalhero attended a listening to earlier than the Federal Supreme Courtroom (STF) on June 2 when she defended orally – “The benefit of negotiations over statutory ones“. “It was a victory for individuals who combat for the rights of the Brazilian commerce unions, which is able to give constitutional power 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, collaborating as a panelist “Financial freedom and tax reform and influence on the catering business“. Along with these institutional commitments, Lirian, who holds a Masters in Legislation from UCB, is a companion at Ope Legis Consultoria Empresarial and a authorized advisor to a number of courses of entities and corporations, together with the Brazilian Federation of Lodging and Meals – FBHA, the place he excels as authorized director.
To search out out extra about this skilled’s perspective and profile, DIÁRIO interviewed her:
DIÁRIO – Because the authorized director of FBHA, a big employers’ affiliation, what are the important thing points you handle in what you are promoting?
As we work on the nationwide degree, our key points are creating laws that advantages the business, avoiding those who do hurt for no cause (which sadly is almost all), and defending constitutional powers – legislative, government and judicial. – all of the vital issues within the area of lodging and meals away from residence, at all times taking into consideration the maxim that to be able to have a job, there should be an organization.
So we want corporations which can be organized and meet their obligations, with essentially the most clear and more cost effective parameters potential. Our function as an entity is at all times to hunt authorized certainty for the enterprise within the business.
DIÁRIO – As an expert, how do you see the Normal Tourism Legislation – LGT?
It is likely one of the most vital 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 authorised by the Nationwide Congress inside 3 months, after which I printed the ebook “Feedback on the Normal 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 scale of the legislation, even when it was printed, because the tourism business could be very dynamic, we already had a proposal for adjustments. And in the intervening 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 generally in predatory competitors.
DIÁRIO – What are the vital authorized factors in your analysis on the so-called “Brazilian value”?
The details are to respect negotiations to the detriment of the legislation within the areas of labor and contracts; respecting the precept of free enterprise, decreasing forms and clear rules within the essential areas. All of those factors try for authorized certainty that generates predictability for corporations and traders.
JOURNAL – The phrase “forms” is often pejorative. Is there any solution to disenchant this commonsense studying?
The issue is an extra of forms, in fact there are sectors that require regulation and protocol guidelines in all international locations, and it might be no totally different in Brazil.
Our downside is that there’s an excessive amount of forms right here, as a result of the state in any respect ranges regulates and interferes with areas that belong to the personal sector, not the general public.
DIÁRIO – Is the Normal Knowledge Safety Legislation (LGPD), in pressure since September 2020, already having tangible results on Brazilian society?
Sure, it has penalties, and these are essential, as a result of the best asset in right now’s world is private information and should be handled with warning, not uncritically, as is the case in each nation.
Traditionally, information safety laws was born within the Seventies, together with German legislation, often known as the Private Knowledge 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 info belongs to a person and to not the businesses that personal it or the federal government.
Subsequently, this one is of basic significance and should be handled with all essential 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 problem from the very starting, on the Nationwide Congress in addition to on the Nationwide Knowledge Safety Workplace, bringing information and strategies for standardization in any respect levels.
Having the chance to emphasise their work as a authorized advisor specializing in public strategies 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 Knowledge Safety Authority and the Regulation on the applying of LGPD, for information processing brokers.
DIÁRIO – Is digital know-how and associated sources already influencing authorized progress?
Sure, right now 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 legislation agency.
DIÁRIO – What prompted you to decide on legislation research?
In actual fact, legislation and a authorized profession targeted on advocacy is a ardour that at all times prompts you to continuously examine and seek for new options to current issues, in addition to anticipate future issues. My alternative resulted from this versatility and fixed seek for information, at all times forward of my time.
DIÁRIO – Please summarize what you concentrate on the social function of a lawyer in Brazil.
In Brazil, the social function of the lawyer is so vital that it’s supplied 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 career and throughout the legislation are inviolable.” So, for justice to reign in Brazil, it’ll solely be potential by means of 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 at all times somebody who defends the rights of others.
JOURNAL – It’s typically stated that Brazil has good legal guidelines that aren’t at all times enforced. If that’s the case, the place will the nodes be?
Brazil’s downside is that we copy many legal guidelines from different international locations, however we don’t bear in mind our society, customs and customs, and our diploma of improvement. One other downside is the surplus of laws, which makes it tough for the general public to know which rights ought to 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 Legislation from UCB, is a companion at Ope Legis Consultoria Empresarial, authorized advisor to varied skilled and company entities working nationally. www.opelegis.com.br.