Auctioneers suggest restricting the market valued at R $ 2.7 billion per year. Congress requested explanations about the “super representation” of these professionals in the group and absence of entrepreneurs
The Government of (PT) created in December 2024 a WG (Working Group) to review the rules that regulate extrajudicial auctions. The discussions are being organized by the Ministry of Entrepreneurship, headed by (PSB) via National Secretariat of Microenterprises and Small Enterprises.
The online auction market in Brazil was at US $ 484 million (R $ 2.7 billion) annually by the consultancy Horizon Grand View Research. The study projects that, maintaining the rules, the online auction sector can reach US $ 1.2 billion (R $ 6.9 billion) in 2030. In the global plan, it is a market of R $ 60 billion, which It can reach R $ 155 billion.
The group consists of 7 members with voting power. Of these, 5 are auctioneers, 1 represents the government and the other, the commercial joints. The fact that the auctioneers represent the absolute majority of the participants led to the questions of businessmen in the sector – which could only participate as listeners – and Congress.
The Federal Deputy (PP-RJ) made on February 5 an information request questioning the “Potential Super Representation of auctioneers”. Leia a (PDF – 123 kB).
There is fear in the market and the political world that the group tries to create a market reserve in the sector, which would have to be managed exclusively by auctioneers. Today, companies can organize these extrajudicial auctions-their physical or online-and count on the auctioneer’s participation to officialize the proposals.
The reason for this suspicion is that at the 1st meeting of the group, on January 29, the auctioneer and former senator Luiz Fernando Sodré Santoro proposed precisely this limitation, which would empower the figure of the auctioneer and could eliminate the chances of companies organizing auctions.
Your recommendation is that the activity is “very personal and personal, allowing only individuals to exercise”. That is: companies that organize these events should be excluded from this possibility. Read the Meeting Minutes (PDF – 137 KB).
The group focuses on the revision of Normative Instruction 52/2022December 2022. The proximity between the previous and current revision was another point that caused questions.
According to the former Secretary of Justice of São Paulo and president of the (Brazilian Institute of Competition Ethics), Edson Visemona, the current rules allowed the growth of the sector and are in line with what preaches the Constitution and called the GT “aventura“.
“The rules are in tune with the Constitution. Changing what is underway will confuse the market and create trouble, as well as questions about the legality of these rules, as there is a law above that instruction. It is a market that needs security, like everyone, to have healthy competition. This is an adventure that does not deserve to prosper“ Poder360.
The ministry was sought and answered, via the National Secretariat of Microenterprise and Small Business, that any revisions are independent of the time and validity of the rules. And stated that the group’s goal is “study and deepen relevant topics for the auctioneed sector“. And that there will be no necessarily change proposals.
About the composition, this is what the ministry said: “It is important to highlight that the composition of the working group was structured to promote a space for debate and collective construction, with broad participation of the sectors involved“. As mentioned in the report, companies that promote auctions are not part of the group is not even entitled to vote. Participate as listeners.
Auction rules
Currently, the main decree governing extrajudicial auctions is 1932, signed by Getúlio Vargas. The text guarantees exclusivity to professionals in the holding of auctions in Brazil, but allows organizing companies to be part of the process.
Judicial auctions, on the other hand, are guided by different legislation from this one under analysis.
According to Edson Visemona, the legal rules, even 90 years old, were efficient in promoting the sector precisely because of their flexibility over time.
