Spinumviva: Process of the Bar Association should have been secret, says Bastonary

João Massano thinks that, in publicizing the opening of the investigation process, the Bar Association entered the political campaign.

The elected attorney’s president would not have publicly reported the opening of an investigation process for any unlawful prosecution to the prime minister’s company without any confirmation of suspicions, accusing the outsider of electoral use.

João Massanowho takes office as a basis of lawyers on May 8, in an interview with Lusa argued that the investigation process should have been opened, as it was, “but should not have been given public knowledge“His investigation related to the unlawfulness of the activity of the family business of Luís Montenegro, the Spinumviva.

“Us We cannot enter the political campaignnor can we take this party except if there is confirmation of the fact. Then I say almost how the Lord-General Prosecutor of the Republic, if it has to be the search at that moment, because there is an inconvenience or any disadvantage, it has to be done, either in the election period or outside it. Now, if there is a mere suspicion that is not confirmed and that we even have another organ of the Order saying that you see no evidence, maybe the common sense advises that nothing is publicly said, wait for the end of the process and only then say something, ”he said.

For João Massano there was in this situation “a Electoral Utilization In the campaign for OA, which considers harmful to the interests of the class – from the moment the outgoing president, Fernanda de Almeida Pinheiro, decided to announce the opening of a process of investigations in the Bar Association (OA).

He further rejected that the decision not to communicate the opening of a investigation could be understood as a protection of the process and the Prime Minister himself, establishing a parallel with the case of the paragraph in the statement of the Attorney General’s Office that implied the then Prime Minister António Costa In Operation Influencer.

“I think we have to have exemption and objectivity in what we do. Knowing us the consequences of the acts we practice, We have to ponder them“, These.

PS’s “dangerous” idea

João Massano considered “a danger” the constant idea of ​​the electoral program of PS for creating a new supervisory body for judicial listeningconsisting of elements of the OA and the superior councils of the judiciary, recalling that the system already provides that the ears are supervised and rejecting the creation of “organs and more organs” based on the idea of ​​overseeing those who oversee or the “police of the police”.

“This seems to me a Bally dangerous. I don’t think it’s the way. I think the way is to check what fails in the system, because we often make decisions, both in legislative matters and even in the creation of organs, without realizing what fails, ”he said, arguing that more than new agencies to oversee judges, political power should worry about realizing why“ those who oversee did not oversee, or oversee ”.

João Massano also manifested against legislative changes on the basis of a single process, the Marquis Operation, As the proposals to increase judicial speed from the Superior Council of Judiciary (CSM), questioning if it is not “creating legislation that creates a difference between first processes, which appear in the news and communication, and the second processes, which are those of the ordinary citizen”.

“Eu I don’t want to move to justice for richwhich already exists in practice many times, but it should not be the legislation itself to create this distinction and that is that it often seems to me that it is the temptation of many legislators, ”he said.

About the process of Lobbying Regulationwhich was pending with the fall of the government and the dissolution of Parliament, João Massano hopes that one can advance quickly, for the sake of transparency, manifesting “a little perplexed” that people are amazed by knowing that “people talk to each other” to streamline procedures, especially in projects and investments of potential national interest.

“The only way to advance ethical and transparency is to create a” lobbying “regime of course, where everyone knows that the lawyer to speak to Minister B because of the project. Even people can see how the licenses and everything were and check if there was any anomalous situation. I think this is much clearer than what we have today. Because it is not expected that people do not say.

Monthly payments

The new lawyers’ president wants to institute Predictability in payment to unofficial lawyersproposing the definition of a monthly calendar, and a new review of the statutes of the Order, namely with regard to the payment of the internships.

João Massano considered that the institution of a right day and predictability in payment for work already provided by lawyers of legal aid “is the only way to restore any dignity to payments ”.

“I argue that there has to be a predetermined calendar annually, with payment dates and, of course, indication of the amounts that will be paid, because people have life, have expenses and have already spent on the processes. It is the greatest justice that there is a date set every month for payments,” he said.

Regarding the fee payment table to unofficial lawyers-recently revised after an unprecedented protest of the class, with many lawyers refusing to subscribe to the scales for judicial support to citizens without economic means to ensure it-João Massano expects dialogue with the Ministry of Justice to make changes.

Massano refers to the new review of the amounts to be paid, even if refuse to go for this negotiation with minimum limits established.

More immediately, the new president also wants a Statute Review of the OA, recently reviewed and approved in Parliament, in a hasty process, criticized by the deputies themselves, who admitted at the time the need to change the statutes again.

Massano wants to reverse the composition defined for the new OA supervision council, with disciplinary competences and where the majority members cannot be lawyers, which, he argued, “is a Independence axed of law. ”

Regarding that the majority of the right -wing one who prevailed in Parliament until the recent dissolution did not materialize in acts criticism of the changes made to the Statute by the PS under the pretext of impositions to access the funds of the recovery and resilience program (PRR), João Massano expects a new parliament to also review the imposition of payment of stages on law, arguing that the state must be financed the formation of interns.

Stating that “no one disagrees with the principle” that stages must be paidMassano noted that the difficulties that the class goes through do not allow lawyers in individual practice, especially to accept trainees for training, removing to many young people the possibility of entering the OA and exercising the profession, leading to “a one class elitization”.

“I predict that what will happen is that we will be reducing people in individual practice because they are renovating and go out of individual practice and we will create a kind of elite in the sense that only those who can enter societies will continue to be lawyers. Now, this is contrary to the democracy I defend and the possibility of all being lawyers,” he said.

João Massano will inherit from the Lepse Bondon, Fernanda de Almeida Pinheiro, the revision of the CPAS, The lawyers’ social security regime, whose sustainability is being analyzed by an evaluation committee with the Ministry of Finance, and whose conclusions should allow Parliament to decide whether it is possible to opt for the current social security regime or social security – as the lawyers voted in internal OA – or whether the solution is to integrate social security, or other.

Whatever the decision that Parliament will make, the immediate objective of the elected president is to improve the CPAS regime in force, proposing a “truly welfare” model for situations of illness, motherhood, breakage and old age, arguing that “the principle of contributory capacity has to be thoughtful”.

Proposes “Refuge levels” To ensure that in situations of low income lawyers do not lose the right to social support, or even when they cannot afford any contributions, in addition to a complementary solution, income insurance, when professionals suffer abrupt income.

João Massano also wants to review in the law the typification of what is admissible as “fair impediment” to a lawyer, to extend the rights of absence in a situation of illness or maternity, but recalls that in a liberal profession having a parenting license equated to workers because of other it is hardly compatible with the urgency that customers feel in relation to their processes.

About the difficulties of accessing the lawyers to the services of the agency for the integration, migrations and asylum (Aima), The elected president defended, for cases pending only a payment to complete the regularization processes, that an external treasury service be created, leaving criticism of the lack of human and technological services of services to meet processes.

João Massano, who campaigned to defend the need to unite the class, appointed to the outstanding basis in this division, now wants to “build bridges” between OA and political power, saying that their election was the expression that lawyers “want different diplomacy” in OA, “that builds bridges and that that that Not in permanent conflict with all”.