Cacito Augusto de Freitas Esteves

Deputado, é apenas para agradecer a oportunidade de estar aqui. reafirmar que a posição da CNC é sempre encontrar um equilíbrio, entre os seus representados, entre o setor produtivo e o laboral. A gente está aqui para construir... um ambiente melhor para todos... E assim, sempre disposto a comparecer a essa casa... para dar a contribuição possível que a gente possa dar. Só agradecer mesmo. Obrigado.

Uh, Good afternoon, Deputy Capitão Oden. The Confederacy thank you again the opportunity to return to this house. Thank you. to discuss the interests of the society and the activities of commerce. uh... I'm going to be a little bit more. and all who are in the panel and virtual watching this meeting. The Confederation National of Commerce, in the view of the peculiarity that it has, the amplitude that it has, frequently Ela... as a contribution to a discussion both sides. Do Tiamo. The Confederation represents as the service of private security, the FINAVIS, linked to the National Commission. The same way that it represents several companies that are the customers of these services. Huh? and that sometimes Parece. There was an antagonism of opinions. Huh? And But we understand that this antagonism of opinions is always apparent, never real. We always act in a way to harmonize the interests of all of them. This is a peculiarity of the Confederation. It will take 80 years, and she lives as and position. And the same thing happens in this issue that is about regulation of the activities private security that involves effectively the act of both the service providers as well as the tomadores of the security security. - Thank you. the Confederation atua institutionally a favor the day 14.000, right? I like... in the 2014 of 1967, 1924, support the FNAVIS. We always understood that it was a fundamental law, we understood the need to afast the irregularity of the service, of the irregular services, of the irregular services, of the finalities of the functions. which are in the area of security. Uh, What we You worry? in this moment It's not the application of the law as it should be applied. But how is building the following. Huh? Why? Because in the Brazilian system Yeah all the professional regulation. - Good video. I'll put it right in the second one. Please. It's the one who's going to vote. No Brazilian system We have as a principle to put a principle the dignity of the human being is a principle Baselar do direito, inclusive uma causa pétrea. not even modificable by emenda constitucional, a fundamental principle. of freedom of action professional, work, profession and occupation. You saw basic That was planned there, in the incision 13 of the 5th of the Constitution. which says this, which is marked here. It's free exercise of any work, office or profession, atend to the qualifications proficient that the law established. So, based on this principle, the legislator infraconstitucional, he is imbued in this attribution of establishing qualifications for professionals, for the exercise of the profession, he comes regulamenting the profession. is that the Supreme Tribunal Federal, several times, has already interpreted these, at the level of qualifications that the law established. And what... can you pass the slide, please? And what is the Supreme's understanding in this respect? I say the Supreme's understanding the following: that the principle is freedom, the exception is restriction. So the restriction that the legislator infraconstitucional can establish is that it has a relationship between the limitation and freedom. or not any that can establish the exercise of function, is the one that imposes the security. It is something that you put in risk a collective. So, there is a relationship between the restription and the restription. and the interest collective not of the category, but of the society. This is justified when we talk about vigilance, especially armada. It's inquestionable the need of qualification, training, analysis of personal and psychological, biologists, etc. etc. etc. for those who have a function porting a gun. This is a mistake. And it's in this sense that I should to establish restrictions of exercises. Can I move a little bit? When we analyze A Lei 14.080. Thank you. 967 de 2024. We see that, when we define the vigilante and the function the law of the public law He established this relation of cause-effect. So, there is no question of the observation of the criteria constitucionals. We can see that there is a right thing. Vigilante, profissional habilitado, responsável pela execução, do serviço de segurança privada, incisos, tax, tax, tax, de segurança física de pessoa, de patrimônio, estabelecimento de qualquer porte, sendo encarregado de observar, inspecionar, fiscalizar suas dependências, controlar fluxo de pessoas, gerenciar público em eventos que estiver atuando. Até aí está tudo bem. There is a perfect correlation between Necessidade coletiva, necessidade pública e interesse de uma categoria profissional. Another one, please. Yeah. We have the definition of the function of the vigilante. Thank you. A CBO, ela define It comes to the type of activity of vigilante. So you see that there is a correlation between what says the law, what says the CPO, what says the public interest of the category, until then everything is harmonized. Sem problem, no. This is the definition of the CBO 5173-30, the vigilance patrimonial, especially. And below comes a summary summary of the activities. Please, next slide. The problem is that in the universe of functions, of work, and the occupations that we have, we have other occupations that eventually there is a overpositive activities between these professionals. between the patrimony and the who And It's essential to a specific qualification, abilities, restrictions and aptitudes, including biologically and psychologically, and other activities that some functions are similar, but that doesn't require this degree of qualification, degree of aptitude física and psychological, and particularly degree of instruction. There is a black zone. that there is a gravitation. And I've heard a lot of the supermarket here, but the truth is that there is no No Brasil. No commercial of sales, or even the tax, from medium to large, that they don't contract, for example, the fiscal of the law. We're here. and in the popular regions, more than that. The only one is the only one. in a establishment that has the figure of the fiscal of the law. Note, remember that I said at the beginning, There is a function of each one, the finalization of each one. We don't question the finalization of each one. We question, first of all, the observance of the constitutional condition which establishes the infralegal limit of establishing restrictions, based on a correlation between the need of that restriction and the interest of the collective interest. It's what is based on the act. It's plenamente possible that you coexist these activities, since there are no finalities. Huh? Why? Because the CBO itself the executive executive itself, which is who regulates the profession, is possible to differentiate. coexistir. When we analyze the dispositions, not the law propriamente dita, but the project of regulation, we start to identify "Fragilidades Jurídicas Passíveis de Questionamento Judicial Futuro". And this is not interesting for anyone. It is not interesting for companies, as prestadores of services, much less for companies to take care of services. because judicialization fragilizes the normatization. First, decretes are administrative and normative. They only exist juridically for one thing. possible, because we call it "to be effective to the norm" is nothing more than anything else than habilitar the publics to act. So, what does the Decreto serve? It will be to be directed to the action to the administration. It doesn't create a law, it doesn't restrain a law, it only habilita the fiscal and control to act. and the administrative, by the way, to implement this relationship between the control and administrative. It's for this that the decree serves. When we analyze the Decreto, You see that he is He goes on. - Dios. He already enters this issue of overpositions. He doesn't only limit the control of the federal government, in the case, the federal police, to be able to be a fiscalization of these activities. He goes a little further. Thank you. He goes a little further and already assume a legal atuação de algumas atividades. This is the big problem. This is the big gargalo of the regulation. This is a judgmental point of the regulation and should have been avoided. How is it going to be able to take the rules of the normative system and avoid conflict? To work on the concrete case. This is the function of the decreto, a good decreto, a good decreto regulament. It's preservative act, to avoid the finalization of the form. The legislator can't get this detail, the administrative and normative can't. Normally it does, because it does based on the control. The contribution of the control. The control of the control, the control of the control, the assessor, the Poder Legislative, the norm, and look, to apply this here I need to do this. Then it comes to the measure that the control is required. So, this is important to the Federal Police in the elaboration of the regulation. It's already it that will apply the law. So, it needs this normative, in the reason of the legalization of the strict law, which the law of the administration is necessary. The federal government cannot act the way it wants. It only can act the way it prevails. So, it needs the law and the law. It needs the law and the law. It needs the law and the law. It needs the law and the law. So what happens in the regulatory act? The law itself creates an alternative. not only companies in general, but also condominiums, edilícias, to have their own own own security system. The problem is not the own service of security. I think that from the point of view, whether finance or operational, companies will not opt in mass by their own structure. It doesn't make sense from the point of view of the management. But there are some essential activities that are resvaling in the construction of the regulation. One of them, for example, is the famous fiscal geological. Another, for example, is "Porteiro". of condominium and lixo. Then you will say: "But the law is a ressalv. that "porteur" doesn't apply. more or less. Because there is a "porteiro" that "application" The problem is typical of the service of portaria. What is the problem of the typical of portaria? If you go to the CBO, which describes the typical of portaria, theoretically, the description of the CBO is different from what prevails the regulament. The proposal of regulation doesn't match with the CBO. - Yeah. The regulation says that it is private activity of vigilantes, acts of the portefeu. This creates a huge and legal insecurity. And condominium has a problem, because condominium is not a company. Condominium is also represented by us, by the team, because those who represent condominium are the Secov, the Sindicato of Habitação, who are also affiliated with the CNC. So you have a legal cost and a legal cost of responsibility that will recapture over families. It's not about companies. It's for everyone who lives in the condominium. including horizontal, because the decree expand the concept of condominium. So, a regular activity of a poor, for example, I'm not a specialist in security, but I live in a building. For example, my portefeu in my building are not a security, but all of them have access to a system of security. The cameras, by the description of the regulation, this is a private act of violence. Hmm. Would you be exercising a regular activity of vigilance? Yes, because it applies to a heavy penalty. on who uses it. Because the regulation prevails the application of a penalty. A penalty is this that will be on the condominium. Then, for example, the fiscal of the lojas, even the one who cohabita or has a security And you know, the fiscal of the lojas has another problem. I also don't know how to operate the fiscal of the lojas, but as a consumer, I'm a present. The fiscal of the lojas, for example, is a activity that can't be terceirized. The fiscal of the loja demand not only of the equipment, but also of the internal operation of the loja. Stock, position of mercantil, colocation. This can be a criteria of the service provider altering it or not. It's a charge of confidence, of confidence. So how do you think this figure? So, in reason of the legal risk created by the law, And the rule is not that it is all wrong. It is wrong when it is overposing the activities and puts in a private activity, that is not prevailing in the law, a description that also applies to other activities. essential to the economic activity, as well as the people who live in condominations, the majority of the brasileers. So I'm going to say, our concern in itself is the judicialization of the regulation. It's possible to avoid judicialization, it's possible to avoid conflict. The worst thing that can exist is to fragilize the regulatory activity. which is absolutely essential and important. So I think that in this discussion I understand the concern of the category, it's evident. But it's necessary that it also knows to preserve an area of interest in the non-fragilization of the regulatory issue. Sometimes it seems to be like, really, there is no figure of the fiscal law. There is. They are wrong. They are wrong. I don't know. It's possible. We read the journal, right? We know. So, if there is a delay of finalities, there is a delay that has to be combat. It's not a activity in itself. because the finalizes of the finalizes, in fact, the minority. Even though a minority is important, but it represents a minority. Huh? So, please, I can move forward. I think I already said everything I had to say. There is a CBO, a description, for example, if you see a summary summary, do que é o porteiro, por exemplo, você vai ver que tem sobreposição de atividades ali, que o decreto considera atividade privativa de vigilante. and declaring legalization of the action Avança mais um bocadinho, por favor. The prerrogatives exclusively of vigilantes are there. The same description, for example, of a local and a local and a local and a local and a local and local. There are levels of exigences The Constitution requires you to establish a relationship. I need, for example, that my portefeu has submitted a fiscalization, a autorization of the Federal Police, to follow the Cámaras of Vigilance. I need to do that. that exercise a fiscalization of loja, and is submitted to a federal authorization of the FBI, to a fiscalization and authorization of the FBI, I don't think that this is reasonable. I don't think that this is at the demand constitucional of the 5th. I think this is easily, unfortunately, is easily judicialized. I don't know if you'll win, but the argument jurídico is very strong for the debate. And I'll say that there is nothing worse in a law, in a regulatory system, than if it is judicialized with frequency. Because it loses the force of the federal government, it impede the act of the federal police in the correct way. The application of the law begins to recue in the incertitude of the juridical system that is applied. And I think it's a mess. I think that this can be contorned, without the problems of the federal government, without the demand of the category. I think it's important to everyone. I'm going to say, as a entity, I'm talking about a entity that represents the two, the three, that are condominiums, varejo in general and businesses, services, services of private security. Huh? Please, I think it's just this. and suggests that it is analyzed at the final moment of the regulation, is that, as a juridicist as normas, establishing the real limit of the act, preserving the essential núcleo that we call the act of privacy. which is important. We need to preserve this, preserve the finalities, avoid the finalities, avoid the application irregular of the tasks, of the functions between different areas. But it's necessary to preserve these areas, because these areas are essential to the other economic activities. And, once they are not subject to the reglament necessary for the constitutional imposed, this will certainly be questioned by these other categories, which we must avoid. of acceleration. That's what we had to talk about, this material will be for you. Deputado Capitão, we are always at the disposal for any development that comes to this issue here in the environment of this Commission, or directly through the parliamentary action of the Mr. That's good?