Proposal Narrative - Civil Society Organization's Legal environment: evidence and learning
to guarantee democracy and human rights in Brazil
The project will produce materials and information that can support articulation with
key actors (2.3.c). In this way, the inclusion of the cross-cutting agenda on the legal
environment on the agenda of organizations and public authorities (e.g. Public Defender's
Office).
In the medium term, it is expected that the cross-sectional agenda for the defense and
strengthening of the legal environment will be on the performance agenda of more CSOs
and public authorities. In the long run, it is expected that both CSOs and public authorities
will have spaces for articulation to be able to guarantee a healthy legal environment for
CSOs to act, contributing to actions aimed at guaranteeing human rights and democracy.
An costly aspect of the project will be (3) dissemination of knowledge and the
existence of networking forums related to the improvement of the legal environment of
CSOs that contribute to democracy and human rights. This is the third objective.
In order to be inclusive and to actually contribute to this goal, this objective comes
from the necessity of increasing the knowledge of organizations, academy and public
authorities over studies and information on the legal environment of defense of rights CSOs
that promote democracy and human rights, as well as increasing knowledge about the
existence of networking forums on this agenda.
The knowledge dissemination will take place through distinct and complementary
strategies. It is proposed to create and manage an electronic repository of evidence and
experiences learning related to the CSO legal environment, which is accessible, simple,
inclusive, updated and dynamic (3.3.a).
It is not enough to make information available; it is necessary that this information
be in a simple and accessible language for all citizens and for that, an inclusive plan for the
dissemination of the project's topics of interest will be developed (3.3.b). Accessibility is a
fundamental right guaranteed by the UN Convention on the Rights of Persons with
Disabilities. It can be achieved through the presence of an interpreter of Libras - Brazilian
Sign Language - at events organized in accessible places, even audio description in videos,
as well as the construction of an electronic website that is suitable for blind reading
softwares.
The simple language aims to ensure that the content is understandable to everyone.
This is because legal language is known for its complicated and wordy style, which makes
the legal environment difficult to understand in general. In English, this style is known for
terms like "officialese" and "bureaucratese". Both the booklets that will be used in the
workshops and the website will be developed in plain English. In addition, the project
intends to use “visual law” and “legal design thinking” techniques. Inclusive language also
comes in here, attentive to issues sensitive to minorities (gender, LGBTQ +, people with
disabilities, etc.).
The visual law uses visual elements to make the understanding of the Law clearer,
using various techniques such as infographics, flowcharts, storyboards, bullet points,
gamification, etc. "Legal design" is the legal aspect of "design thinking" and will help to
improve communication with the target audience of this project.
There will also be a continuous dissemination of knowledge and the existence of
networking forums, through communication pieces (3.3.c) that will have their formats
defined based on the relevance that the inclusion exercise allows, whether through media,
social networks , podcast, YouTube page, printed documents or other formats.
It is also proposed the implementation of dissemination actions through training
activities to be carried out during the project (3.3.d), such as workshops, courses, seminars
involving CSOs, public authorities and academy, so that it increases training on the CSO
legal environment that contributes to democracy and human rights.
Proposal Narrative - Civil Society Organization's Legal environment: evidence and learning
to guarantee democracy and human rights in Brazil
In the long run, it is expected that CSOs, academy and public authorities become
more aware on the evidence and lessons learned from projects involving CSOs legal
environment to guarantee human rights and democracy.
Finally, it is understood that CSOs need to be informed and trained to have
conditions to interfere in the country's legal and political sphere, regarding the defense of
democracy and human rights, in an effective way. Thus, the objective (4) of the project is to
collaborate with subsidies for advocacy strategies in the legal environment of CSOs.
Materials and information will be produced and disseminated that can support the incidence
of defense of rights CSOs in the legal environment, whether with the executive, legislative
or judiciary (4.3.a). The advocacy support pieces will be produced in an inclusive and
accessible way, in plain English and using, for example, fact sheet, visual law, mind maps,
rich pictures, infographics, videos with Libras and audio description.
The project will carry out and / or participate in training meetings and learning
exchanges on how defense of rights CSOs can advocate based on local specificities and
areas of expertise (e.g. health, education, minorities, environment, etc.) (4.3.b). In addition,
it will map, articulate and collaborate with public authorities to contribute to the creation of
spaces more favorable to the incidence of organizations (e.g. Legislative power; Executive
power; Judicial power; Public ministry; Public Defender's Office (4.3.c). In the long term, it
is expected that there will be a significant strengthening of CSOs in their capacity to
articulate with public bodies for the defense of democracy and human rights.
VII. Assumptions/External Factors
The project depends on the maintenance of conditions for its implementation and
will be subject to external factors that may imply its adequacy in the course of the
implementation. Annex X indicates in detail that CSOs, networks, partners, public
authorities and other key people are expected to be willing to collaborate with the project,
that governments and public authorities are expected to be willing to dialogue and that the
legal and political environment should not suffer even more severe changes than the current
ones.
For each mapped risk, we envision ways of mitigation based on FGV's institutional
history, as well as presenting an analysis of the situation.
VIII. Organizational capacity to implement the proposed program
Established in 1944 to promote Brazil's social and economic development by training
public and private administrators, Getulio Vargas Foundation (FGV) gradually expanded its
activities into the fields of Social Sciences, Law, Economics and Applied Mathematics. The
institution has consolidated itself as a reference for quality and excellence in disseminating
knowledge. For 11 consecutive years, FGV is considered the best think tank in Latin
America. FGV was also named one of the top 110 educational institutions in the world.12
1Available in: [Link]
2According to the Emerging Employability University Ranking published by The New York Times. Available
in: [Link]
Proposal Narrative - Civil Society Organization's Legal environment: evidence and learning
to guarantee democracy and human rights in Brazil
FGV São Paulo Law School, founded in 2002, was conceived to educate a new
generation of legal experts qualified to face the challenging demands of modern society. In
addition, generates knowledge through research focus groups and centers. The Law School,
in line with the Foundation's mission, seeks to consolidate itself as an alternative to the
traditional model of legal education, maintaining a critical stance in this field of knowledge
and a permanent dialogue with other fields of knowledge, aiming to positively and
profoundly influence the legal scenario in Brazil.
FGV has 80 Applied Research Centers producing research with the objective of
analyzing government policies, resolving conflicts, finding innovative solutions, as well as
promoting the progress of academic knowledge and theoretical debates.
The Coordination for Applied Legal Research (CPJA) will be responsible for the
implementation of this proposal.
The CPJA is a think tank that articulates and promotes applied research that seeks to
improve and universalize the rule of law in Brazil, with special attention to the mapping,
analysis and qualification of the institutions responsible for the interpretation and application
of the law. There are researches in the civil society organizations, fiscal transparency,
human rights, gender diversity, electoral system, public security, access to land and digital
democracy.
Since 2011, FGV São Paulo Law School runs a research program on Civil Society. It
aims at developing a more enabling legal environment for CSOs in Brazil and Latin
America, by means of producing data and legal analysis, and making use of FGV's
convening power to raise awareness around the issue and promote dialogue among key
actors.
Thus, FGV declares that it has the institutional capacity to conduct this project.
IX. FGV's thematic capacity in the area of defense of rights CSOs
Among the highlights of CPJA's experience of almost a decade on the theme of CSO,
the Project "Economic Sustainability of Civil Society Organizations" stands out. Conducted
by CPJA, in partnership with the Group of Institutes, Foundations and Companies (GIFE)
and the support of the Institute of Applied Economic Research (IPEA). The Project, which is
in progress and will be finalized in June 2020, has been able to collaborate as follows with
CSOs.
IX.I Ability to engage different audiences
In Brazil, there have been 17 meetings of the "Paulista Dialogue between Control
Bodies and Civil Society Organizations" - a permanent forum that regularly brings together
a significant number of representatives of public administration, control bodies, civil society
leaders, experts and researchers - in order to discuss and improve control over partnerships
between CSOs and governments. The CPJA initiative – carried out in partnership with the
São Paulo Association of Foundations (APF) and the National Council for Internal Control
(CONACI) – provides a favorable space for debates, mediated by the academy and,
therefore, appropriate for the presentation of criticisms and propositions on the legal
environment of CSOs.
The 16th edition of the "Paulista Dialogue between Control Bodies and Civil Society
Organizations", for example, brought together, in addition to the Secretary of Social
Articulation of the Secretariat of Government of the Presidency of the Republic, other
representatives of the high-ranking of the Federal Government, subnational public
Proposal Narrative - Civil Society Organization's Legal environment: evidence and learning
to guarantee democracy and human rights in Brazil
managers, advisors of Courts of Accounts, CSOs with trajectories in various areas of
activity, academics, lawyers and other interested parties , to discuss the new interfaces of the
Federal Government with CSOs. The meeting contributed to the amendment of Provisional
Measure 870 already mentioned.
There were also 18 meetings of the "CSOs on the Agenda": a space for reflection,
debate and exchange of qualified information between researchers from FGV and other
institutions, representatives of CSOs and invited specialists. The 5th edition of the "CSOs on
the Agenda", for example, brought together indigenous leaders, researchers, representatives
of CSOs, lawyers and other stakeholders, to discuss issues related to the strengthening of
indigenous CSOs: such as freedom of association, taxation and partnerships with the
government. The event was broadcasted online and mobilized more than 2,000 spectators.
In addition, it is worth mentioning that, in December 2019, an international seminar
was promoted, in partnership with WINGS, to discuss the civic space and the strengthening
of civil society. The event brought together actors from the field of CSOs and private social
investment (such as the International Center for Not-for-Profit Law - ICNL and CIVICUS)
to discuss the civic space and the operating environment of CSOs, in addition to sharing the
accumulations and reflections produced within the project.
[Link] Contribution in legislative and administrative processes
In 2019, the Project influenced legislative and administrative processes related to the
performance of CSOs. It is noteworthy in addition to the amendment of Provisional Measure
870/2019:
1. The contributions to Law 13,800/2019 on the creation of endowments in Brazil:
the law incorporated criticisms and analyses developed by the team that, in turn,
supported the performance of the Coalition for Philanthropic Funds. The project has
also supported the process of regulating the tax incentives that the Law deals with; and
2. The contributions to the simplification of the procedures related to the tax over
donations in the state of São Paulo: a book was released with unpublished information
on the tax that focuses on donations to CSOs (the Causa Mortis And Donation
Transmission Tax - ITCMD), as well as recommendations for its improvement. Then,
the team participated in meetings with representatives of the Government of São Paulo that
resulted in the change of infralegal rules, extending the state period for granting exemption
to CSOs.
[Link] Contribution to the production and dissemination of knowledge
There were several materials produced that helped guiding the public debate around
project themes, clarifying issues and subsidising decision makers.
Collection "Economic Sustainability of Civil Society Organizations": Volume
01 - "Strengthening civil society: reducing tax barriers to donations"; "Volume 02 -
Regulatory incentives to individual philanthropy in Brazil"; Volume 03 - "Equity
funds and civil society organisations"; Volume 04 - "Regulatory Framework of Civil
Society Organizations: views on the first years of law 13.019/14"; and Volume 05 -
"Agenda on the sustainability of CSOs in the Supreme Court";3
3Available at: [Link]
Proposal Narrative - Civil Society Organization's Legal environment: evidence and learning
to guarantee democracy and human rights in Brazil
Working papers, book chapters and articles. 4 The following stand out: "The
requirements of the CPI da Amazonia in 2019: what do the old NGO CPIs have to
teach?"; "Contributions to the improvement of Provisional Measure 870/2019 and
CSOs"; "Economic sustainability of CSOs: challenges of the current Brazilian legal
environment"; "Is the model of Law 13.800/19 mandatory or optional?"; "Defense of
minorities and federal public funding: are there public resources for CSOs projects in
defense of minorities?"; "The impacts of the Proposed Constitutional Amendment
45/2019, 110/2019 and 128/2019 on civil society organizations"; "Proposed
constitutional amendment to exempt donations to non-profit institutions"; and "Social
participation and control in the spaces of legislative deliberation".
[Link] Lessons learned
The first contact of the CPJA team that is submitting this proposal with Indigenous
Epistemology happened in 2017 during a seminar that was organized in FGV Law School
with a relevant group of indigenous leaders.
During two days, a group of almost 15 indigenous from different parts in Brazil -
most of them lawyers or academics - joined a workshop and an open seminar with researches
from FGV Legal Applied Research Coordination. Relevant debates took place of how the
Brazilian legislation does not recognize the different perspectives from indigenous people,
such as: association or intellectual property. As a result, a book was published in a memory of
the discussions.
We remember that, in the middle of the second day, we were discussing in a
workshop inside a close room when an indigenous women, that is a lawyer too, said to us
something like: “For the next meeting, we need to organize the session in a different way. For
us (indigenous), it is necessary to have a moment to rest, in order to help the knowledge to be
achieved ”.
Within an indigenous research paradigm, knowledge is not something achieved in
isolation. An individual should not pursue knowledge for the sake of claiming that
knowledge; it should be pursued and shared for all of creation. Because this fits with many
indigenous cultures.
This experience generated institutional learning for FGV: that knowledge production
and indigenous learning must take into account values, time and formats that are different
from mainstream practice. In Indigenous Qualitative Research, Bettina Schneider and Bob
Kayseas's discusses Indigenous Qualitative Research as it pertains to business with a focus on
'why' there are distinct indigenous research methods as well as 'how' those methods should be
implemented.
It is hoped that with this project we will be able to deepen this learning, building a
repository and learning and knowledge actions that consider the needs of the CSO for the
defense of rights that we will communicate with.
Risk Analysis
Like most empirical social scientific research, research to be undertaken by the
applicant involves human participants. The target groups will involve groups that are
vulnerable. This project does not envisage to cause any harm to participants while the
research is carried out but is aware of these issues and will take them into account in the
design and execution of research.
4Available at: [Link]
Proposal Narrative - Civil Society Organization's Legal environment: evidence and learning
to guarantee democracy and human rights in Brazil
In Appendix X, we present the risk analysis of the project and the practices already
institutionalized at FGV that help guarantee ethical work, observing the security rules, data
protection and respect for human rights relevant to this project.