Freelance professionals represent an essential segment of the Brazilian economy, bringing together specialists such as doctors, lawyers, engineers, dentists, architects, psychologists, accountants, among others. In 2024, Brazil recorded approximately 25.7 million self-employed professionals, according to data from the Brazilian Institute of Geography and Statistics (IBGE), a number that represents a historic 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 hired under the Consolidation of Labor Laws regime ((CLT), freelance professionals practice their activity independently, based on their technical and scientific training. However, this autonomy comes with a series of legal obligations and civil responsibilities. ‘The work of freelance professionals is governed by specific legislation and codes of conduct established by professional councils, such as the Brazilian Bar Association (OAB), the Regional Medical Council (CRM), or the Regional Council of Engineering and Agronomy (CREA), which ensure service quality and consumer protection. At the same time, it is up to these professionals to secure their own rights, whether in relationships with clients, partners, or even the state,’ highlights Carmem Bosquê, an attorney at Bosquê e Advogados, specializing in labor law.
The activity of freelance professionals 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 it requires proof of fault for the professional to be held accountable for any damages caused in the exercise of their function. However, in some areas, such as medicine, jurisprudence already recognizes objective liability in certain cases. ‘Legal security is a fundamental factor for the proper exercise of the profession. Unfortunately, many freelance professionals still face uncertainties, especially regarding the formalization of contracts with clients and taxation. Proper legal guidance is a protective tool for both the professional and the client,’ emphasizes Carmem.
Among the main advantages of freelance work are the freedom to set schedules, control over one’s own career, and the possibility of earnings compatible with the level of specialization. On the other hand, freelance professionals also face challenges such as financial instability, the absence of labor benefits, and administrative overload, especially for those who work alone.
The relationship with clients, often guided by trust and the provision of personalized services, also requires care. The service contract is essential to ensure the rights and duties of both parties, avoid disputes, and establish objective criteria for payment, deadlines, and potential termination.
The valorization of freelance professionals depends on public policies that encourage entrepreneurship, simplify taxation, and strengthen professional associations. Additionally, continuous professional development and compliance with ethical standards are pillars for ensuring credibility and excellence in the services provided. ‘Working responsibly, combined with legal protection and awareness of one’s rights and duties, transforms freelance professionals into true protagonists of the country’s social and economic development,’ concludes the attorney.