Professionals represent an essential segment of the Brazilian economy, bringing together experts such as doctors, lawyers, engineers, dentists, architects, psychologists, accountants, among others. In 2024, Brazil recorded approximately 25.7 million independent professionals, according to data from the Brazilian Institute of Geography and Statistics (IBGE), a number that represents a historical record. The work of these professionals goes beyond providing qualified services: it involves technical autonomy, ethical responsibility, and specific legal challenges that require proper attention and regulation.
Unlike workers employed under the Consolidation of Labor Laws (CLT) regime, professionals work independently, based on their technical and scientific training. However, this autonomy comes with a series of legal obligations and civil responsibilities. “The work of a professional is governed by specific legislation and codes of conduct established by professional associations such as the Brazilian Bar Association (OAB), the Regional Council of Medicine (CRM), or the Regional Council of Engineering and Agronomy (CREA), which ensure service quality and consumer protection. At the same time, these professionals are responsible for guaranteeing their own rights, whether in relation to clients, partners, or even the government,” highlights Carmem Bosquê, a lawyer at Bosquê e Advogados law firm, specializing in labor law.
The activity of a liberal professional is regulated by a set of laws that include the Civil Code, the Federal Constitution, and specific legislation for each profession. Civil liability, for example, is often subjective, meaning that proof of fault is required for the professional to be held accountable for any damages caused while carrying out their duties. However, in some areas, such as the medical field, jurisprudence already admits objective liability in certain cases. ‘Legal certainty is a fundamental factor for the proper practice of the profession. Unfortunately, many liberal professionals still face uncertainties, especially regarding the formalization of contracts with clients and taxation. Proper legal guidance is a tool of protection for both the professional and the client,’ emphasizes Carmem.
Among the main advantages of liberal practice are freedom in setting schedules, control over one’s own career, and the possibility of earnings compatible with the level of specialization. On the other hand, the liberal professional also faces challenges such as financial instability, the absence of labor benefits, and administrative overload, especially for those who work independently.
The relationship with clients, often based on trust and the provision of personalized services, also requires caution. The service provision contract is essential to ensure the rights and duties of the parties, prevent disputes, and establish objective criteria for payment, deadlines, and possible termination.
The valorization of the liberal professional goes through public policies to encourage entrepreneurship, tax simplification, and strengthening of professional organizations. In addition, constant professional updating and compliance with ethical standards are pillars to ensure credibility and excellence in the service provided. “Acting responsibly, together with legal protection and awareness of their rights and duties, turns the liberal professional into a true protagonist of the social and economic development of the country,” concludes the lawyer.
