What is professional advice for? – 12/15/2023 – Deborah Bizarria

The Federal Council of Economy, together with its regional chapters, decided to award Dilma Rousseff as Woman Economist of 2023. With 11 quarters of recession under her management, the award took many people by surprise. However, this strange situation is just another illustrative example of how the professional council model needs to be reviewed and reformed.

There are other examples. Even recognizing the lack of scientific evidence on the effectiveness of hydroxychloroquine in treating Covid-19, the CFM (Federal Council of Medicine) authorized its use in several situations, including at the onset of symptoms suggestive of the disease and in a home environment.

Another emblematic case was a legal dispute between the Regional Administration Council (CRA) of São Paulo and a company that provides press relations. The CRA claimed the need for registration and a responsible administrator. The Federal Regional Court of the 4th Region (TRF-4) ruled in favor of the company in 2019, since the company’s main activity was journalism and governed by different legislation.

Often, some regulation is necessary and desirable, and collective and voluntary representations can be tools in favor of professionals. However, problems such as lack of transparency in the use of resources, ideological biases, party co-optation, lack of interest in member participation, market reservations and rigidity of rules in a multidisciplinary world lead to questioning this model.

Having been created by specific laws as public law agencies, the councils were established with the power to charge annual fees and impose sanctions for violations of the norms and ethical codes of each category. It is not uncommon for limitations in the use of advertising services under the justification of ethics or professional development to function in practice as a barrier to entry, hindering the growth of young people at the expense of those established and well connected.

Furthermore, nothing prevents more than one council from seeking to classify a professional or company as within its scope, especially in times when activities increasingly overflow the boxes of academic diplomas. At the same time, the mandatory payment of annual fees and fees, without clarity regarding benefits for taxpayers, reinforces the need to create incentives for greater transparency and proximity.

The question that persists is: are councils in Brazil truly fulfilling their role as guardians of the ethical and qualified exercise of professions or are they, in part, responsible for perpetuating bureaucracy and corporatism?

An alternative to the model of councils that are leaving something to be desired would be the possibility of joining voluntary and private associations. These would not have the power to sanction or charge fees, but could offer qualification, certification, guidance and defense services for professionals.

Operating through voluntary contributions, these associations could be more flexible, transparent and competitive. It can also adapt better to changes in the market and society. There would be the possibility of joining these associations or not, according to your interests and needs.

We need to start debating the benefits and costs of councils, as well as the possibilities for more flexible regulations that meet the real needs of their taxpayers. We must seek a balance between autonomy and responsibility, ensuring that bad professionals are punished for bad practices, and not that good professionals are subject to unnecessary bureaucracy.

Thus, everyone is free to work and grow professionally without being forced to finance an organization that does not represent them.

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