With differences in the tone and strength of the speech and in practical measures, the defense that it is necessary to have a critical stance towards the , as well as defending the prerogatives of the legal profession in the courts, appears in the speeches of the different candidates for the command of the .
Of those, almost all also argue that the vote for the entity’s national board, currently indirect, should be more participatory. When questioned, they say they are in favor of direct voting, but not everyone is so vocal or energetic about the proposal.
Another relevant topic of internal rules is the possibility of re-election. Today there is no veto on reappointment in the entity, which ends up favoring .
Regarding the Supreme Court, one of the issues that generated the most criticism from the legal profession was the court’s position of not allowing a type of appeal called an appeal.
A year ago, when denying a lawyer’s request, based on the court’s rules, the minister said the episode would generate “around 4,000 tweets”. The speech at the time was criticized by the current president of the São Paulo entity, Patricia Vanzolini.
Current candidate and current vice-president of OAB-SP, Leonardo Sica chose not to give an interview. In the proposal book, his ticket defends a “proactive dialogue on the limits of action” of the STF, as well as a deadline for the ministers’ mandates.
The current administration supported a bill to nullify any judicial act that was carried out in violation of the prerogatives, an agenda that follows in the proposals of the ticket.
When asked about the STF, Caio Augusto, who was previously president of the OAB-SP and seeks to return to the position, said that it is not the role of the Judiciary to “make resolutions on political issues”. Citing a “crisis between the Executive and the Legislative”, he says that many issues are taken to the STF, which means that “we have the view that there is judicial activism that may be going a little beyond the scope of each branch”.
He also argued that the responsibility of authorities who violate the prerogatives of lawyers must be determined.
Carlos Kauffmann, who has already been part of the section’s management and is now seeking to be president, states that there is no point in issuing repudiation notes, which are treated, according to him, as a form of mockery. He says he would seek support from the (National Council of Justice) and does not rule out the filing of civil actions against those who “affront the legal profession”.
In his third term as head of the Carapicuíba OAB, Paulo Quissi is a candidate for the OAB-SP and also defends legal actions against those who violate prerogatives. The lawyer says that the Supreme Court is advancing in its powers, talks about judicial activism and condemns the weakening of the Order.
Alfredo Scaff, who is running for the second time, with the support of several names linked to Bolsonarism, defends an incisive stance against the Judiciary and the STF. Using the term “arbitrariness”, he says that he would not accept procedures that “trample on the legal profession” and disrespect due legal process.
In turn, lawyer Renato Ribeiro, specialized in electoral law, avoids direct criticism of the court, states that the debate about the court is politicized and defends taking control of the issue in the public sphere.
Another issue that moves the tickets is the direct election for the board of directors of the OAB Nacional, which would depend on a change in the law.
Involving a complete list, with almost 200 members, the choice of the OAB-SP command is made by direct vote of the São Paulo legal profession.
The national president of the OAB is chosen through an indirect vote by the Federal Council, made up of three federal counselors, from each state OAB and the Federal District.
Three candidates bring the agenda of the direct election to the OAB Nacional as their campaign flag: Renato Ribeiro, Scaff, who has claimed to be the creator of a bill on the topic, and Sica, who, in 2020, is about it.
Caio, in turn, when questioned, said he was in favor of direct elections, but stressed that the matter is the responsibility of Congress. Kauffmann and Quissi also say they are in favor.
The possibility of re-election to the OAB-SP divides the candidates for the presidency of the section. Without a veto on reappointment, the entity comes from a history of low renewal under its command. In the last 20 years, for example, Vanzolini has been the entity’s fourth president.
Scaff and Quissi say they are in favor, while Kauffmann is against and defends a rule to veto reappointment. Renato rejects a ban like this, but defends its renewal.
Elected under a banner opposing re-election, Patricia gave up running for office again. She is on the current ticket, however, as a candidate for the Federal Council, and appears prominently in campaign materials. In Sica’s proposal book, the topic of re-election does not appear.
Criticized by rivals in 2021 when seeking to continue in office, Caio Augusto had promised not to seek re-election. He argued at the time that his management had been impacted by the pandemic.
