The Senate approved this Wednesday (4) a bill that brings a series of measures to simplify the opening of companies and their operation. The text is derived from Provisional Measure (MP) 1.040/2021 and returns to the Chamber, where it was approved with modifications in June.
According to the government, which sent the MP, the objective of the proposal is to modernize and reduce bureaucracy in the country’s business environment and improve Brazil’s position in the World Bank’s Doing Business ranking. The ranking measures the competitiveness of a country’s business environment on a global scale and, currently, among 190 economies, Brazil occupies the 124th position.
One of the main initiatives of the text approved by the senators is the automatic issuance, without human evaluation, of licenses and operating permits for activities classified as medium risk. When there is no specific state, district or municipal legislation, the federal classification available on the National Network for Simplification of Registration and Legalization of Companies and Business (Redesim) platform will apply.
According to the rapporteur, senator Irajá (PSD-TO), there is currently an uneven implementation of Redesim, because, for federal reasons, the adhesion of state and municipal bodies is optional.
Currently, Redesim considers medium risk activities such as wholesale trade of various types of food of plant and animal origin, hotels, motels, transport of cargoes of products not subject to sanitary surveillance, child education or medical activities without invasive procedures.
In the original MP, the licenses and permits issued automatically would have an indefinite validity. This excerpt was modified in the Chamber of Deputies so that the documents lose their validity when there is a breach of requirements or conditions. In the case of environmental licenses, the rules provided for in specific legislation remain, as the text highlights.
The bill also changes Law 8934, of 1993, which deals with business registration. The main one is the expansion of the attributions of the National Department of Business Registration and Integration (Drei) to examine requests for authorization for nationalization and coordinate bodies and integrate procedures in the registration of companies. The department will also be able to propose cooperation programs and action plans, coordinate actions, develop systems and implement measures to reduce bureaucracy.
One of the changes proposed by Irajá in the substitute is the possibility for legal entities and persons considered incapable to be electronically certified by the Brazilian Public Key Infrastructure (ICP-Brasil).
This key is used by banking and tax administration systems, but currently it is only possible to certify the electronic identity of individuals. It is not possible to link the digital certificate to the representation attributes of legal entities and incapable persons.
Among the excerpts rejected by the rapporteur is what equated simple societies to business societies, all subject to the same rules, regardless of their object, such as a cooperative and a law firm.
* With information from the Senate Agency
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