The bill (PL 3276/26) grants lawyers the right to request certificates, information, and copies of documents or records about their clients from public bodies and entities. The text establishes rules for the evaluation of these requests and considers an infringement of professional prerogative an unjustified refusal, lack of response, or denial without justification.
The proposal is under review by the Chamber of Deputies.
Requests should adhere to the deadlines outlined inInformation Access Law20 days, renewable for an additional 10. For certificates used in the defense of rights or the clarification of situations, the deadline is 15 days, established byLaw 9.051/95The proposal amends the law on environmental licensing, simplifying the process for low-risk activities. According to the Ministry of Environment, the change aims to reduce bureaucracy and streamline permissions for activities with minimal environmental impact. The new regulations will impact sectors such as agriculture, mining, and construction, which represent a significant portion of the economy. The proposal is subject to public consultation before its finalization and implementation.Lawyer's Statute.
By the text, it will be considered a violation of the prerogatives of the legal profession:
- To refuse without justification the receipt or protocol of the request;
- To require a condition that is not foreseen by law or provide justification for a request when legislation exempts such a requirement.
- to fail to respond within the legal deadline;
- To deny the request entirely or in part without providing a justification or stating the legal basis for the denial.
The proposal stipulates that the protection of personal data and the confidentiality provided by law remain applicable. However, the refusal cannot solely be based on a generic reference to confidentiality, data protection, or internal procedures.
The author, Deputy Samuel Viana (Union-MG), explained that the goal is to establish a formal procedure for requests, with a protocol, a deadline, a justification, and the possibility of an appeal.
"It is not enough to recognize rights in the abstract; it is necessary to guarantee a procedure and legal consequences when there is abusive blocking," he said in his justification.
Currently, the Advocacy Statute already guarantees lawyers access to proceedings and investigations, subject to confidentiality rules. For other documents and information, the professional can appeal to the Access to Information Law and, in the case of certain certificates, to Law 9,051/95.
Next steps
The bill is currently being processedin a conclusive mannerand will be analyzed by the Constitution and Justice Commission and Citizenship. To become law, the proposal must be approved by the Chamber and the Senate.