Together with her free motion within the highest spheres of Brazil, lawyer Lirian Souza Cavalhero was on the Federal Supreme Courtroom (STF) trial on June 2, when she defended orally – “Prevalence of negotiation over laws„. “It was a victory for many who struggle for Brazilian commerce union rights, which is able to give constitutional drive to the tough annual negotiations, respecting their clauses,” he wrote on his Instagram account.
Going again somewhat, on Could 25, Lirian was within the Chamber of Deputies taking part as a panelist within the panel “Financial freedom and monetary reform and the affect on the meals service trade„. Along with these institutional commitments, Lirian, who holds a grasp’s diploma in legislation from UCB, is a associate at Ope Legis Enterprise Consulting and a authorized guide for a number of class entities and firms, together with the Brazilian Federation of Lodging and Meals – FBHA, the place stands out as authorized director.
To seek out out extra concerning the perspective and profile of this skilled, DIÁRIO interviewed them, comply with:
DIÁRIO – Because the authorized director of FBHA, a big commerce union, what are the important thing points you take care of in your enterprise?
As we work on the nationwide degree, our key points are to create laws that advantages the sector, to keep away from those who trigger hurt, with none motive to be (which sadly is almost all) and to defend with the established powers. – legislative, government and judicial. – all related points within the area of lodging and meals exterior the house, all the time reminding us of the maxim that as a way to have a job you have to have an organization.
Due to this fact, we want corporations which are organized and adjust to their obligations, inside the clearest and least costly parameters. Our function as an entity is to all the time search authorized certainty for enterprise within the sector.
DIÁRIO – As knowledgeable, what’s your notion of the Basic Regulation on Tourism – LGT?
It is among the most essential legal guidelines within the nation, through which I had the privilege to take part since its institution within the Govt, after which for approval by the Nationwide Congress in 3 months, then I printed a guide “Feedback”. on the Basic Regulation on Tourism (Regulation no. 11,771). , of September 17, 2008) and authorized proposals for the expansion of tourism in Brazil ”, which is now in its second version, in partnership with Norton Luiz Lenhart, by the editors of the Nationwide Confederation of Commerce in Items, Providers and Tourism – CNC.
You see, regardless of the greatness of the legislation, even when it was printed, because the tourism sector may be very dynamic, we’ve got already had a proposal for change. And proper now there may be the invoice within the Federal Senate that proposes some adjustments that have to be carried out urgently.
And the trade nonetheless must work with new applied sciences, both of their enterprise or generally in prey competitors.
DIÁRIO – Within the research you will have carried out on the so-called ‘Brazil Price’, what are the important thing factors of a authorized nature?
The details are respect for bargaining to the detriment of laws, labor and contract; respect for the precept of free enterprise, discount of paperwork and clear regulation within the areas which are wanted. All these factors intention at authorized certainty, which generates predictability for corporations and buyers.
Journal – The phrase “paperwork” often has a pejorative connotation. Is there any method to demystify this widespread sense studying?
Extreme paperwork is the issue, after all there are sectors that want laws and protocol guidelines in all nations and it might not be completely 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 its ranges, regulates and interferes in areas associated to the personal sector, and never the general public sector.
DIÁRIO – Does the Basic Knowledge Safety Act (LGPD), in drive since September 2020, have already got tangible results on Brazilian society?
Sure, it has results, and they’re mandatory, as a result of the largest asset on the planet at present is private information, they usually have to be handled with care, and never with out discernment, as has occurred in each nation.
Traditionally, information safety legislation was born within the Seventies with German legislation referred to as the Hesse Private Knowledge Safety Act, and nearly all of the foundations of subsequent laws are based mostly on a well-developed precept in German legislation. , which is the informational self-determination of the info topics, as a result of the info belong to the pure individual and to not the businesses that personal them or to the federal government.
That’s the reason it’s of basic significance and have to be handled with all the required consideration, and if we had been to speak about it I’d give a brand new interview.
DIÁRIO – How is the applying of LGPD within the hospitality trade?
The Federation, conscious of the significance it has on this state of affairs, has mentioned the topic since its institution, within the Nationwide Congress, in addition to within the Nationwide Authority for Knowledge Safety, contributing with information and ideas for standardization in all phases.
My work as a authorized guide specializing in ideas and public hearings, a lot of them adopted, within the Regulation of the Inspection Course of and the Sanctioning Administrative Course of inside the scope of the Nationwide Knowledge Safety Authority and within the Regulation on the applying of the LGPD, for information processing companies.
DIÁRIO – Do digital know-how and associated sources already make a distinction within the progress of authorized points?
Sure, at present the overwhelming majority of lawsuits are all digital, the federal authorities already has over 70% of digitized administrative lawsuits, and we’ve got many programs that use synthetic intelligence in authorized proceedings to optimize the day-to-day lifetime of legislation corporations.
DIÁRIO – What made you select to review legislation?
The truth is, legislation and a authorized profession centered on advocacy is a ardour, as a result of it all the time makes you research and search for new options to current issues, in addition to anticipate future issues. My alternative began from this versatility and from the fixed seek for information, all the time remaining forward of our time.
DIÁRIO – Please summarize your opinion on the social function of the lawyer in Brazil.
In Brazil, the social function of the lawyer is so essential that it’s offered within the Federal Structure artwork. 133, which states: “The lawyer is indispensable to the administration of justice, and his acts and manifestations within the train of his career and inside the limits of the legislation are inviolable.” Thus, for justice in Brazil, it is going to be attainable solely with the motion of a lawyer. Recalling that traditionally attorneys have existed as such since historical Greece, maybe earlier, as a result of there may be all the time somebody who defends the rights of others in our historical past.
Journal – It’s usually stated that Brazil has good legal guidelines that aren’t all the time enforced. In that case, the place would the knots be?
Brazil’s downside is that we copy many legal guidelines from different nations, however with out bearing in mind our society, our customs and habits, in addition to our diploma of growth. One other downside is the surplus of laws, which makes it tough for society to know which legislation have to be revered, therefore the excessive diploma of litigation within the nation.
Who’s our interviewee? LIRIAN SOUSA SOARES CAVALHERO holds a Grasp’s diploma in Regulation from UCB, is a associate at Ope Legis Enterprise Consulting, Authorized Guide for varied skilled and company entities, with nationwide operations. www.opelegis.com.br.