The minister of the (Federal Supreme Court), said on Thursday (8) that the (Brazilian Bar Association) alternates between a public and a private profile, depending on specific interests of the moment.
“The impression I have is that the OAB, according to immediate interests, and without criticism because legitimate, immediate interests, but now defends the primacy of its private face, sometimes defends the primacy of its public face. And this is not in my view very coherent,” said Dino.
The minister also said that historically the entity had performances that went beyond corporate defense, which does not happen today.
“Yesterday’s order, Raymundo Faoro’s OAB, actually exercised a duty to a mere professional inspection council. Perhaps it is not like this at the present moment. Now she is sui generis within sui generis“Said the minister.
Faoro presided over the OAB Federal Council between 1977 and 1979. He had one, in force since 1964, for the end of institutional acts and amnesty. The jurist was the great interlocutor of civil society with the Ernesto Geisel government to restore habeas corpus. He also came from his management ahead of the OAB the first major denunciation against torture of political prisoners.
Dino also cited the discussion about the inclusion of the process that can insert the OAB in the list of audit entities by the TCU (Court of Accounts) since 2018 and which had decision of the Supreme Court in 2023. According to the Court, the entity is not required to account for TCU or any other external entity.
At the time the understanding that the OAB has its own legal nature prevailed: it has a public service, but that it is not confused with state service, and whose control can be done by means other than TCU.
“For example, the OAB has come to this court to say that it should not be audited by TCU. Exactly because it is the of their kind do of their kind. This was done. Its private face was accentuated. By weakening, by logical derivation, its public face, underlined the trace of voluntarity, not the compulsory that marks the Brazilian construction of professional councils, such as CREA, CFM. The OAB has been stated, “Dino said, claiming to understand the historical reasons, which would no longer be present.
The Court judged an appeal from the OAB of Rondônia, with a recognized general repercussion, that is, valid for all similar cases in the country.
The case will define whether there is a requirement for registration of public lawyer in the order staff to perform their public functions. At the end of the session, Minister Dias Toffoli asked for a view (more time for analysis) and suspended the trial.
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