User Rights in Public Services Under Law 13.460/2017

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

When you face endless lines, pointless requirements, or indifference at a government office, it is easy to believe there is nothing you can do. Law 13.460 of 2017 changed that by recognizing, in an organized way, a set of rights for everyone who depends on public services in Brazil, from the neighborhood health clinic to the counter that issues documents.

What Law 13.460/2017 Is and Who It Protects

Law 13.460/2017 is known as the Public Service User Protection Code (Código de Defesa do Usuário do Serviço Público). It sets basic rules for the participation, protection, and defense of the rights of people who use services provided by the public administration, whether directly, through government agencies themselves, or indirectly, through other entities and concessionaires.

The law’s reach is broad. It applies to the Federal Government, the States, the Federal District, and the Municipalities, covering both direct and indirect administration. That means ministries, departments, autonomous agencies (autarquias), foundations, and public companies are all equally bound by the rules of good service that the law imposes on the government.

Under the law, a user is any individual or legal entity that benefits from or uses a public service, either actually or potentially. A public service, in turn, is the provision of goods or services to the population by a government body or entity. By defining these concepts clearly, the law puts the ordinary citizen at the center of public service, rather than treating people as just another number in line.

One important clarification: this law does not replace other rules. When a service involves a consumer relationship, the Consumer Protection Code (Código de Defesa do Consumidor) continues to apply alongside it. Likewise, the specific regulations of each sector remain valid. Law 13.460 therefore adds protections without displacing those that already existed.

The Basic Rights Guaranteed to You

The heart of the law lies in the guidelines that every public official must follow. Among them are courtesy and civility in dealing with the public, the presumption that the user is acting in good faith, and respect for the order of arrival, always with guaranteed priority for older adults, pregnant women, nursing mothers, people with disabilities, and people carrying small children.

The law also protects people who suffer from excessive red tape. Here are some rights that deserve special attention:

• A ban on requirements, obligations, and penalties that are not provided for by law.
• Authentication of documents by the public official himself or herself, upon seeing the originals, with no need for a notarized signature, unless there is genuine doubt about authenticity.
• Use of simple, understandable language, with fewer acronyms, jargon, and foreign terms.
• A prohibition on demanding new proof of a fact already established by a valid document you have submitted.
• Equal treatment for everyone, without any form of discrimination.

There are also rights related to information. You can follow the progress of any case in which you are an interested party, and you can obtain information about business hours, the location of departments, and the amounts of fees and rates charged. The law also guarantees access to and protection of your personal information, in line with the laws on access to information and data protection.

One practical advance deserves mention. To access services and exercise rights, presenting a document with public faith (fé pública, meaning an officially issued document presumed authentic) that shows your CPF (Brazil’s individual taxpayer registry) number is usually enough to identify you, and requiring other numbers is not allowed. This is known as simplification through the CPF, and it reduces paperwork at service counters and in electronic systems.

All of these points have gone from being a mere courtesy to a legal obligation. It is precisely this change in standing that gives strength to those who need to demand decent service.

These rights are not abstract promises. They work as concrete standards of conduct, and failure to comply with them can be taken to the oversight channels, as we will see below.

That means ministries, departments, autonomous agencies (autarquias), foundations, and public companies are all equally bound by the rules of good service that the law imposes on the government.

How to File a Complaint or Submission

When a right is not respected, the law offers a clear path: the submission (manifestação). This term covers complaints, reports of misconduct, suggestions, and even compliments about the delivery of a service and the conduct of public officials. A submission must be addressed to the ombudsman’s office (ouvidoria) of the responsible agency or entity and must identify the person making it.

That identification, however, cannot come with requirements that make it impossible to exercise your right to complain. Questions about your reasons for making a submission are also prohibited. The purpose of the law is to remove barriers, not to create new obstacles for citizens.

The format is flexible. A submission can be made electronically, by regular mail, or even verbally, in which case the agency itself will put it in writing. If there is no ombudsman’s office, you can go directly to the department responsible for providing the service or to the agency it is linked to.

Once a submission is received, the agency must issue a receipt, analyze the case, gather the necessary information, issue a final administrative decision, and notify you of the outcome. And there is a firm rule: under no circumstances may the agency refuse to accept a submission, and any public official who does so can be held liable.

An example helps make the point. If you have been waiting for months for a response to a request you filed and no one gets back to you, a submission to the ombudsman’s office is the proper tool for demanding a decision and proper notice, in keeping with the principles of efficiency and promptness set out in the law.

The User Services Charter: Your Main Ally

Another powerful tool is the User Services Charter (Carta de Serviços ao Usuário). It is a document that every agency must publish to explain, in clear terms, which services it provides, how to access them, and what its commitments and quality standards are in serving the public.

The Charter must include objective information about each service: the requirements and documents needed, the main stages of processing, the maximum time allowed for completion, and the ways the service is delivered. It must also detail service priorities, estimated waiting times, and the communication channels available to users.

Because this document is updated periodically and must be published on the agency’s website, it becomes a valuable tool for holding the agency accountable. If the deadline promised in the Charter is not met, you have a concrete benchmark for filing a complaint. It is worth getting to know the Charter for the service you use before you even go in for assistance.

Frequently Asked Questions

Does Law 13.460/2017 apply to every public agency?

Yes. The law covers the direct and indirect public administration of the Federal Government, the States, the Federal District, and the Municipalities. It also applies on a supplementary basis to public services provided by private parties, such as concessionaires. When the relationship also involves consumption, the Consumer Protection Code continues to apply alongside it, and neither law excludes the other.

Can I file a complaint without identifying myself?

The general rule is that a submission must include the identity of the person making it, but that identification cannot be surrounded by requirements that prevent you from exercising your right to complain. In addition, your identifying information is protected personal data with restricted access. In other words, identifying yourself does not mean improperly exposing your complaint to third parties.

What should I do if the agency refuses to accept my submission?

Refusing to accept a submission is expressly prohibited and makes the public official who does so liable. If this happens, document the attempt, contact the agency’s ombudsman’s office or the department it is linked to, and, if necessary, seek legal advice to make sure your right to complain is respected. We can help you evaluate the best path for your case.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.