Publications

Law nº. 13.726 / 18 and the debureaucratization of procedures before the Public Administration

October / 2018

The relationship between citizens and the Public Administration is notoriously marked by the extensive and exaggerated bureaucracy. It is often required, from the one that seeks to carry out simple procedures before the State, documents and certified copies, several certificates and, especially, certification of signatures in every presented document. These procedures bring unnecessary costs to society – not only pecuniary, but they also demand great time.

Due to this excessive bureaucracy, the Brazilian Congress, on September 5th, 2018, passed Law n. 13.726/18, which seeks to simplify various procedures before the Public Administration. The Law has created provisions that dismiss the need of: (i.) the certification of signatures, which can now be done by the public agent themselves, by recognizing the authenticity of the signature made in front of them and, also, by comparing it to the one in the presented document; (ii.) the authentication of a document’s copy, which may be done by the agent themselves; (iii.) the attachment of the citizen’s document, that can now be replaced by a copy certified by the agent; (iv.) the presentation of the birth certificate, now replaceable by other documents issued by the Public Administration; (v.) the presentation of the voter’s registration, unless it is used to vote or register one’s candidacy; and (vi.) the presentation of a notary certified authorization in cases where minors are traveling with their parents.

Beyond such exemptions, the new Law establishes that the Public Administration shall not require the presentation of certificates or documents issued by another body or entity of the same power, except when it comes to certificates of criminal record, information about legal entities and other cases expressly determined by law. Furthermore, the Seal of Debureaucratization and Simplification was created, which aims to recognize and stimulate projects, programs and practices that simplify procedures within the Public Administration.

President Michel Temer signed the bill into law on October 8th 2018 and vetoed three provisions: article 2, which set forth principles that should be followed in the relationship between agencies and entities of the Public Administration and citizens; article 4, that determined the need for websites where citizens could state their claims and requests; and, also, article 10, which provided that the law would entry into force on the date of its publication. Owing to this last veto, Law n. 13.726/18 shall enter into force on November 23rd 2018, in accordance with the 45-day term of vacatio legis that applies when not expressly provided otherwise.

Vernalha, Di Lascio, Mesquita & Associados is at the disposal of its clients for more information on the subject.