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Legal Update

Federal Executive Branch releases decree to facilitate public services provided to users

27 July 2017
Tauil & Chequer Legal Update

On July 18, 2017, Decree No. 9.094/2017 (“Decree”) came into force, proposing measures to simplify public services provided to users within the scope of the Federal Executive Branch1.

The Decree provides that government agencies and entities of the Federal Executive Branch that require documents proving the good standing of public service users, certificates, or other supporting documents that are included in the official database of the Federal Public Administration , must obtain them directly from the agencies or entities responsible, and not request those documents  from the public service users themselves.

The Decree also deals with the waiver of notarization of signatures and  notarized copies of documents issued in Brazil that are intended to provide proof to agencies  and entities of the Federal Executive Branch, unless there is reasonable doubt as to their authenticity orlegal provision.

A third point highlighted by this Decree concerns the impossibility of the protocol service refusing to receive a request , except in cases where the agencies or entities are  admittedly incapable of doing so . In this regard, the protocol service shall provide information and the necessary guidance for the interested party to proceed with their request.

In addition, government agencies or entities of the  Federal Executive Branch that provide public services should elaborate and disseminate a User Services Letter whose purpose is to present information about the services provided by the agency, the means of access to these services and the commitments and quality standards of services to the public.

Finally, the Decree has allowed for the creation of a specific channel for users to submit suggestions for simplifying procedures and making complaints through a form called “Simplifique!” ("Simplify!"). The form should be submitted to the Ministry of Transparency and General Comptroller's Office, by means of a channel to be launched jointly between the State Ministers of Transparency and Comptroller General of the Union, and the Ministry of Planning, Development and Management.

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1 The entire content of Decree No. 9.094 of  July 17, 2017 is available at http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2017/decreto/D9094.htm

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