CAU speaks out against bill that could affect fields of architectural practice

The Council for Architecture and Urbanism of Brazil is issuing a public statement to clarify its opposition to Bill (PL) No. 9818/2018 and Legislative Decree Project (PDC) No. 901/2018, currently before the Chamber of Deputies. These proposals compromise the regulation of the architecture and urban planning profession and jeopardize crucial public safeguards regarding health, safety, and the environment.

Bill 9818/2018 proposes the repeal of two fundamental clauses of the Architecture and Urban Planning Law (Law 12,378/2010)—specifically paragraphs 1 and 2 of Article 3, transcribed below and highlighted in bold: 

Art. 3 The fields of professional practice for architecture and urban planning are defined by national curriculum guidelines governing the training of professional architects and urban planners, in which core foundational and professional knowledge establish the unity of professional practice. 

§ 1 The Council for Architecture and Urbanism of Brazil (CAU/BR) shall specify, in accordance with the provisions of the caput, the areas of practice exclusive to architects and urban planners and those shared with other regulated professions. 

§ 2 Areas of practice in which the lack of a higher education degree exposes service users to risk or material damage regarding safety, health, or the environment shall be considered exclusive to specialized professionals. 

PDC No. 901/2018, in turn, seeks to suspend the effects of CAU/BR Resolution No. 51, issued on July 12, 2013, which read as follows: 

(...) “establishes the exclusive areas of practice for architects and urban planners and other areas shared with other regulated professions” 

For architecture and urban planning professionals, it is important to note that CAU/BR has closely monitored the progress of these bills from the beginning. The council has kept lawmakers, the Executive Branch, and the Forum of Federal Councils of Regulated Professions informed about the harmful effects both bills could have on professional regulation and, consequently, on society as a whole. 

It is important to clarify that: 

• Professional regulation is not an exclusive prerogative of the CAU, but of all Professional Oversight Councils, pursuant to the Federal Constitution (Article 5, Item XIII); 

• The CAU/BR and the CAUs of the States and the Federal District are responsible for guiding, disciplining, and supervising the practice of architecture and urbanism, ensuring faithful adherence to the principles of ethics and professional discipline nationwide, as well as striving for the continuous improvement of the practice of architecture and urbanism, pursuant to Article 24, Paragraph 1, of Law 12,378/2010; 

• Resolution No. 51, enacted by the CAU/BR on July 12, 2013, merely specifies as exclusive fields of practice for architects and urban planners those that have historically been recognized as falling within their purview, including by the former Federal Council of Engineering, Architecture, and Agronomy (CONFEA), under Resolutions No. 218 of 1973 and No. 1,010 of 2005, and Normative Decision No. 47 of 1992, among others; 

• Furthermore, the specification in Resolution 51 of the exclusive fields of practice for architects and urban planners is grounded in the national curricular guidelines for undergraduate Architecture and Urbanism programs, including activities related to architectural, urban, and landscape DESIGN, the conservation and enhancement of the built heritage, among others; 

• Resolution No. 51 thus falls within the normative authority of the CAU/BR, delegated by the National Congress and signed into law by the Presidency of the Republic pursuant to Law 12,378/2010, and suspending its effects constitutes a clear threat to public health and safety, as well as to the built and natural environments; 

• It is important to emphasize that CAU/BR and the Federal Council of Engineering and Agronomy (CONFEA), in compliance with the provisions of Law No. 12,378, have been addressing shared fields of practice among professionals affiliated with these Councils since 2016 through Professional Practice Harmonization Committees, whose work has already contributed to resolving differences regarding certain professional areas of practice; 

• Likewise, in the event of any conflict between regulations of the CAU/BR and other Councils, there will always be the possibility of building an understanding that respects the purviews of the various professions, as set forth in Paragraphs 4 and 5 of Article 3 of Law 12,378/2010, including promoting the revision and updating of their regulations in order to maintain ongoing respect for the public interest: 

§ 4 In the event that CAU/BR regulations regarding the field of practice of architects and urban planners contradict those of another professional council, the conflict shall be resolved through a joint resolution by both councils. 

§ 5 Pending the issuance of the joint resolution mentioned in § 4, or, in the event of an impasse, until the dispute is resolved through arbitration or legal proceedings, the regulation of the council that guarantees the professional the broadest scope of practice shall apply. 

Accordingly, CAU/BR reaffirms its commitment to the multidisciplinary nature of the professional practice of architects and urban planners across their various fields of practice, with a view toward societal development.

This document was drafted and unanimously approved by the 77th Ordinary Plenary Session of the Council for Architecture and Urbanism of Brazil. 

Brasília, April 27, 2018

Vote discordo! Projeto de Lei pretende tirar do CAU a decisão sobre as áreas de atuação da arquitetura

Um projeto de lei apresentado no final de março deste ano pretende revogar dois parágrafos da Lei 12.378 de 31 de dezembro julho de 2010 que rege o exercício da profissão de arquiteto e urbanista.