Da Atividade da Advocacia - Ética OAB - COM APOSTILA

Summary

The script provides an in-depth overview of the role and responsibilities of lawyers in the Brazilian legal system, emphasizing the importance of ethics, trust, and professionalism. It covers key principles such as confidentiality, exclusivity, and non-commercialization in legal practice. It also highlights the essential role of lawyers in the administration of justice, as well as their exclusive rights in representing clients in court and offering legal advice. The script further discusses the requirements and regulations outlined in the Brazilian Bar Association’s Statute (OAB) and provides guidance for law students and legal professionals.

Takeaways

• 😀 The judiciary in Brazil consists of three branches: legislative, executive, and judicial. The judicial system ensures justice by resolving conflicts and applying the law.
• 😀 Lawyers play a crucial role in the justice system and are protected in their professional actions and communications under the Brazilian Constitution, ensuring they can work independently.
• 😀 There are five guiding principles in advocacy: confidentiality, reliability, exclusivity, professional secrecy, and non-commercialization. These ensure ethical practice and trust in the legal profession.
• 😀 A personal connection between client and lawyer is crucial for maintaining confidentiality and trust, as outlined in the principle of personal responsibility.
• 😀 The principle of confidentiality obligates lawyers to keep their clients' information private, with specific exceptions for cases of imminent danger or legal defense.
• 😀 The principle of non-commercialization asserts that advocacy should not be viewed as a mere business activity but as a social function focused on justice and ethical practice.
• 😀 Lawyers are granted exclusive rights to represent clients in judicial matters, providing both legal advice and advocacy in courts and legal proceedings.
• 😀 There are certain exceptions where non-lawyers can act, such as in habeas corpus cases, labor court claims, and small claims courts, but lawyers are still required for appeals and some specialized cases.
• 😀 The Brazilian Bar Association (OAB) and its regulations govern legal professionals, including lawyers in government positions and legal interns, ensuring ethical and competent practice across all areas of law.
• 😀 Lawyers must maintain independence and professionalism, avoiding undue influence from authorities or popular opinions. They must uphold the dignity of the legal profession and act responsibly in all legal matters.

Q & A

What is the essential role of the Judiciary in Brazil's government structure?

The Judiciary's essential role is to apply the law in concrete cases, ensuring justice through the resolution of conflicts with the involvement of representatives from the parties, as mandated by the Brazilian Federal Constitution.

What does Article 133 of the Brazilian Constitution state about lawyers?

Article 133 of the Brazilian Constitution emphasizes that the lawyer plays a fundamental role in the administration of justice and is inviolable in their actions and communications, provided they remain within legal boundaries.

What are the key principles that guide the practice of law in Brazil?

The five key principles guiding the practice of law in Brazil are: personal relationship (pessoalidade), trust (confiabilidade), exclusivity (exclusividade), professional secrecy (sigilo profissional), and non-commercialization (não mercantilização).

How is the concept of 'personal relationship' important in legal practice?

The 'personal relationship' principle ensures that the bond between lawyer and client is based on trust and confidentiality, which is essential in handling sensitive legal matters such as property disputes, family issues, and reputations.

What is the difference between 'revocation of mandate' and 'resignation of mandate' in the context of legal practice?

Revocation of mandate occurs when the client loses trust in the lawyer, while resignation of mandate happens when the lawyer no longer trusts the client. Both situations have specific legal provisions that govern how they should be managed.

Why is the principle of exclusivity critical for legal practice?

The exclusivity principle mandates that the practice of law must be separate from other business activities. Lawyers cannot simultaneously engage in activities that may conflict with their professional duties, such as operating a business like a supermarket.

What does the principle of professional secrecy entail?

The principle of professional secrecy requires lawyers to maintain confidentiality regarding the information shared by their clients. This confidentiality is vital for preserving the integrity of the justice system and the trust between the lawyer and client.

What is meant by the non-commercialization principle in legal practice?

The non-commercialization principle prohibits treating legal services as a mere commercial activity driven by profit. The focus is on ensuring that lawyers act ethically, with integrity, and in the best interests of justice rather than for financial gain.

What are the specific legal activities that only licensed lawyers can perform in Brazil?

Licensed lawyers are the only individuals authorized to represent people or entities in judicial matters, such as filing petitions, arguing cases in court, and providing legal consultation or direction to businesses and institutions.

Under what circumstances can a non-lawyer present an appeal or represent someone in Brazilian courts?

In Brazil, individuals can represent themselves or file specific actions, like habeas corpus, without a lawyer in certain cases, such as in the labor courts or in small claims courts, depending on the value of the case or the jurisdiction involved.