Psychoanalysis: legal-legislative recognition of the profession in Brazil.

 

 

Psychoanalysis: legal-legislative recognition of the profession in Brazil.

CÉSAR AUGUSTO VENÂNCIO DA SILVA

 

Summary.

Professional regulation in Brazil for activities carried out by the private sector is a competence of the Union. According to the Federal Constitution of 1988, in its terms “Article 22, I”, it is the exclusive competence of the Union to legislate on labor law. On the other hand, it is even possible that the federated entities can legislate in this segment of labor law, this will only be possible with the federative entity if there is a complementary law issued by the Union delegating the competence. In this line of reasoning, a uniform discipline must be established throughout the national territory with a view to preserving the isonomy of all professionals. The Federal Supreme Court decided to that effect in a Direct Action of Unconstitutionality, and (...)” unanimously, the Plenary of the Federal Supreme Court decided, in the Direct Action of Unconstitutionality (ADI) 5412, for the unconstitutionality of the state law of the State of Rio de Janeiro. Grande do Sul, which provided for the exercise of the activity of documentary dispatcher with the Detran of that State”. Finally, the Supreme Court ruled that “Regulation of professional activity is the exclusive competence of the Union to legislate on regulation of professional activity”. Regulation of professions is a frequent topic in the legislature. In Brazil there are hundreds of postgraduate psychoanalysts in university institutes recognized, authorized and accredited by the Ministry of Education. As examples, postgraduates from CENTRO UNIVERSITÁRIO UNIFAVENI and FACULDADE FAVENI. Many have master's and doctoral degrees from various Brazilian and foreign universities. We also have psychoanalysts that produce knowledge, researchers and professors at various institutes. Despite their professional, intellectual and social competence, they lack something relevant in professional life, the LEGISLATIVE regulation of their profession, which has not yet occurred. Although several bills in this sense are being processed in the National Parliament. Among several, we chose to analyze the federal legislative project, which is based on the discussions with the date of March 16, 2018. The Social Affairs Commission (CAS) is currently examining a bill that regulates the profession of psychoanalyst. The author of PLS ​​101/2018, Senator Telmário Mota (PTB-RR), defends the regulation so that society has qualified professionals. On the referenced date, the matter was “in the process of receiving amendments at the CAS”. Although we are in favor of regulating the profession of psychoanalyst, this article conjectures some political-institutional aspects in the face of obstacles to its regulation. Just to substantiate, there are more than ten bills that regulate professions or occupational activities in progress at the Social Affairs Commission (CAS) awaiting an opinion from the Constitution, Justice and Citizenship Commission (CCJ) on their constitutionality, legality and legislative processing. With the current federal government (2018-2022) many political questions arose and resulted, in our view, in the request for consultation (RAS 143/2017) approved, on the initiative of Senator Ana Amélia (PP-RS), where at the time, she explained that, of the 120 proposals being processed by the commission at the beginning of the year, 1999 were projects that dealt, in some way, with professional practice. The senator argued that “in the face of the challenge in the Federal Supreme Court (STF) and vetoes by the Presidency of the Republic of several projects of this type approved by Congress, a decision that pacifies the legislative procedures for these proposals became necessary”. At the time, the president of CAS, Senator Marta Suplicy (MDB-SP), reinforced the importance of a decision on the issue. She reported that the projects are approved by the commission, but end up not going into effect because they imply an increase in expenses or because of legal challenges. The author in this article suggests a proposal to overcome this issue “increased expenses or judicial questions”. Experience shows that many professional regulation projects are approved (regulations) that will not be implemented or will be vetoed. In relation to various professions, including psychoanalysis, it is no different. Currently, the CCJ-SENADO has been carrying out analyzes to overcome obstacles of a constitutional nature. According to senator Flexa Ribeiro (PSDB-PA), “senators try to have audiences with government representatives to deal with projects, but they are not always attended to”. It is observed that in relation to psychoanalysis, several projects were presented in the National Congress, and for a period these projects were not read by agreement, because everything that was approved was vetoed. There was a huge expectation among those involved, but that did not become law. Initially, it is important to say that there are no constitutional obstacles to the approval of the PSYCHOANALYSIS REGULATORY LAW. WHAT EXISTS IS AN ATTEMPT TO CREATE MARKET RESERVE BY SOME SECTORS REPRESENTING OTHER PROFESSIONS. We therefore hope that CAS-SENADO has the legitimacy to vote on the proposal, as it is constitutional, that is, the proposal that regulates the profession of psychoanalyst (PLS 101/2018), by the then senator Telmário Mota (PTB-RR). It is important to emphasize that nowadays the Senate Bill No. 101, of 2018, is (Current Rapporteur: Senator Rogério Carvalho. Last Status: 04/05/2022) the SUBJECT WITH THE RAPPORTEUR (Summary: Regulates the profession of psychoanalyst. Explanation of the Menu: Provides that the exercise of the profession of psychoanalyst is free throughout the national territory, what are the requirements of the profession, its competences and duties). Can Psychoanalysis be exercised as a profession in Brazil? The activity of a Psychoanalyst in Brazil is not a profession, but an occupation. We can have this statement based on what is established in Ordinance nº 397, of 10/09/2002, of the Ministry of Labor and Employment of Brazil, which approved the CBO – Brazilian Classification of Occupations, determining a specific code to identify and classify the various work activities in all areas, and among these, the activity of Psychoanalyst/analyst is classified with the code 2515-50.

 

Keywords: Professional regulation in Brazil. Union competence. Labor law. The Federal Supreme Court. Postgraduate Psychoanalysts. Bill. Psychoanalyst profession. PLS 101/2018. Ministry of Labor and Employment of Brazil. CBO – Brazilian Classification of Occupations.